FIRST OFFENDER? DEFEND CHILD PORNOGRAPHY CHARGES IN WINDSOR. 1-866-DEFENCE.
Donich Law is a criminal, civil and regulatory law Firm based in downtown Toronto. We service clients in the GTA, Windsor Region, and throughout Ontario. The Firm has dedicated a large portion of its practice to representing individuals charged with sexual offences, including child pornography offences. If you are charged or will be arrested for possession of child pornography in Windsor, there will be strict conditions related to children, this will apply even to your own kids. Given the serious and public interest in these charges, it may also be important to request a publication ban during the proceeding.
In the last decade, the number of child pornography cases making their way through the Ontario court system has exploded. With the expansion of the Internet, child pornography material is now easier to access than ever before. As a result, more individuals find themselves charged with these types of offences.
In R. v. T.T. [2022], the Firm successfully defended a client charged with one count of making child pornography, four count of possession of child pornography, three count of distributing child pornography and one count of child luring. The client was arrested when his online activity came to the attention of law enforcement after being flagged by a popular social media website. Police secured production orders and then a search warrant for the accused’s residence. Further evidence of the alleged offences was discovered in the accused’s residence. The Firm engaged in two years of Crown negotiations. After significant Crown delay, the Firm began preparing an 11(b) Charter challenge. Prior to launching the challenge, the Crown resolved, withdrawing seven of nine charges.
In 2022, the Firm successfully defended an individual charged as a youth with two counts of possession of child pornography in R. v. S.P. [2022]. The young person was arrested and charged after police were alerted by a social media website that one of their users had downloaded child pornography material. The accused completed significant upfront work and the Firm engaged in two years of negotiations before resolving the matter. One charge was withdrawn at the request of the Crown and a discharge granted on the remaining charge.
In 2021, the Firm represented an individual charged with 2 counts of child pornography in R. v. M.O. [2021]. The Firm successfully defended the charge by carefully analysing the Form 1 Search Warrant and Form 5.004 Production Warrant used to seize the accused’s electronic devices. The Firm ordered a forensic analysis of the material, challenging whether or not it met the definition of child pornography. After almost 2 years of negotiations with the Crown, the charges were withdrawn.
In R. v. J.M. [2021], the Firm successfully defended an individual charged with 1 count of child pornography after allegedly downloading material that constituted child pornography from an online file sharing site. The Internet Child Exploitation (ICE) unit of the local police department were alerted to the activity and executed a search warrant on the residence of the accused. Several of the client’s electronic devices were seized. The Firm ran forensic analysis on the metadata collected from the accused’s devices and used it to argue accidental download. As a result, the Crown agreed to withdrawal the charge.
In 2020, the Firm represented an individual charged with distributing child pornography in R. v. M.C. [2020], after the accused allegedly distributed child pornography material to another Internet user in Europe. After months of Crown negotiations, the Firm was able to secure a withdrawal.
In 2017, the Firm secured a withdrawal of a possession of child pornography and distribution of child pornography charge in R. v. J.A. [2017]. The client was alleged to have distributed child pornography material to other Internet users after an IP address associated with his address was flagged by the Ontario Provincial Police Internet Child Exploitation unit who received a tip from the FBI and NCECC.
Donich Law has experience defending individuals who are being charged as first-time offenders, individuals who have been wrongfully accused and individuals who have made poor decisions and found themselves in trouble. Click here for more information on defending child pornography charges.
In addition to child pornography offences, the Firm also regularly represents individuals charged with sexual assault, sexual interference, child luring, indecent act, indecent exposure, and invitation to sexual touching.
Click here for more information on new changes to child sex offence sentencing and for more information on other consequences associated with a child pornography conviction. For more details on the laws about reporting child pornography and new changes to sex offence laws in 2021 click on the links above.
Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.
CBC Radio: International Crime and Cyber Attacks.
Toronto Star: Pornhub and Revenge Porn.
Toronto Star: New Corporate Liability for Child Pornography in Canada.
Toronto Star: Police Power and Social Media Companies.
Global News: Can an airline tell you to stop recording and delete a cellphone video?
Métro Montréal: Avec le temps chaud, il n’y a pas que le mercure qui grimpe: le nombre de cas de voyeurisme aussi.
VICE News: An Image Site is Victimizing Women and Little Can be Done.
Legal Information
Frequently Asked Questions
What will Happen if I am Charged with Child Pornography in Windsor?
How do Police get a Search Warrant for Child Pornography in Windsor?
Sentencing for Child Pornography in Windsor
Additional Resources
Assault
Assaulting a Peace Officer
Child Pornography Forensics
Children’s Aid Society
Sex Offender Prohibition Orders
Sexual Assault Law in Canada
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
Your Rights
What will Happen if I am Charged with Child Pornography in Windsor?
When law enforcement officials have reason to believe an individual is in possession of child pornography material, or has accessed, created or distributed child pornography material, they will get a warrant to search the accused’s residence or any other location the material may be located. Once a warrant is executed police will seize any and all electronic devices found in the location named in the search warrant.
In some cases, the accused will be arrested on the spot when the warrant is executed. In other scenarios, police may seize electronic devices and then search them to confirm child pornography exists before making an arrest.
Upon arrest, the accused will be questioned by police. It is important at this stage to exercise the right to remain silent. An accused person is under no obligation to provide police with any information about the alleged offence. Doing so will almost always negatively impact the case.
Once charged, the accused person will be held for bail or released from the police station. Conditions will be attached to the accused’s release. Common conditions for individuals charged with child pornography offences include to reside with a residential surety, to refrain from being alone with children and to refrain from attending places where children are known to frequent including schools, public parks and swimming pools. Failure to abide by any of the conditions of one’s release may lead to the individual’s bail being canceled, and/or new charges being laid.
Once released, the police will provide the accused with a first appearance court date. The accused will be required to appear on this date and a new court date will be set. Before making any decisions or moving the case forward, it is important for the accused to receive and review full disclosure. This is all the evidence the Crown will use to prosecute the accused. It is important to review this material in full to ensure a full understanding of the allegations and the case to meet.
If you have been charged with child pornography in Windsor it is important to consult with legal counsel with experience defending child pornography charges. Due to the high stakes if convicted and the technical nature of these cases, they can be difficult to defend. Donich Law regularly represents individuals charged with child pornography offences across Ontario. We combine negotiation, risk management and litigation to achieve positive outcomes for our clients.
How do Police get a Search Warrant for Child Pornography in Windsor?
A local police department may receive a tip about an individual suspected of engaging with child pornography material in their jurisdiction from a number of sources. Many different local law enforcement agencies including Internet Child Exploitation (ICE) units of local police departments and the Ontario Provincial Police use sophisticated technology to scan for potential child pornography material on the internet. Law enforcement agencies in foreign jurisdictions including the United States and Europe may also detect child pornography material originating inside Canada and tip off the local authorities to investigate further.
To search a suspect’s electronic device to gather enough evidence to lay charges, police are required to get a valid search warrant. To get a warrant, the police must present evidence to a judge that shows that there are reasonable and probable grounds to believe evidence of a crime is located in the location to be searched. If reasonable and probable grounds exist, the warrant will be issued. For the warrant to be valid, the information in it must be specific, accurate and truthful.
Once a warrant is issued by a judge, the police are permitted to enter the location named in the warrant and search for evidence of the potential crime. When searching for evidence of child pornography material, police will generally seize any and all electronic devices capable of accessing the internet found on the premises. This could include electronics belonging to the accused or electronics the accused had access to.
Sentencing for Child Pornography in Windsor
Child pornography offences are among the most serious outlined in the Criminal Code. Similarly, the penalties imposed on those who are convicted are equally as severe, especially in recent years.
Recently, there has been a shift in sentencing principles for sexual offences involving children. The Supreme Court has released several decisions, sending a clear message that the average sentence for these offences must increase.
Child pornography offences carry some of the most severe penalties outlined in the Code. Those who are convicted of making child pornography or distributing child pornography will face a maximum term of fourteen years imprisonment. Those who are convicted of accessing or possessing child pornography will face a maximum term of between ten years and two years less a day imprisonment.
In addition to the period of incarceration imposed on virtually everyone convicted of child pornography offences, convicted individuals will be issued a SOIRA order and forced to register as a sex offender with the federal government for a minimum of ten years. Additionally, a criminal record for a child pornography offence will bar an offender from working or volunteering with children, the elderly or other vulnerable populations. Such a criminal record could also result in difficulty travelling outside of Canada.
As a result of the very serious consequences that accompany a child pornography conviction, it is important to understand and protect your rights if you have been charged with such an offence. Donich Law can assist you in navigating the court process and developing a sound defence strategy.
Quick Facts
Will I go to Jail for Child Pornography in Windsor?
If you are convicted of a child pornography offence in Windsor, you will almost certainly be sentenced to a period of incarceration.
What if the Alleged Child Pornography was a Drawing?
Drawings or anime that depict a child in a sexual manner will be considered child pornography. An individual who creates such a drawing or graphic could be found guilty of making child pornography.
Can Written Material be Considered Child Pornography?
Yes. Written material whose content advocates or counsels sexual activity with a person under the age of eighteen years old is considered child pornography material.
How can I get my Child Pornography Charge Dropped in Windsor?
Getting a child pornography charge dropped in Windsor can be very challenging and, in some cases, impossible. Due to the strong public interest in prosecuting individuals accused of child pornography offences, Crown counsel will usually not agree to withdrawal such charges, even where the case against the accused is weak.
What if I was Charged but there is no Evidence?
If there was no evidence, you would not have been charged. The police do not lay charges against people without first having some evidence to bolster the allegations. In many cases, the statement of the complainant is enough for a conviction.
What if I Accidentally Downloaded Child Pornography in Windsor?
If an accused legitimately, accidentally downloaded child pornography material, that is a valid defence. It is important to note however, law enforcement officials will be able to see when the file was downloaded, if and when it was viewed, how long it was viewed, and if and when it was deleted.
Will I be a Registered Sex Offender if I am Convicted of Child Pornography in Windsor?
Yes. Child pornography offences are considered primary designated sexual offences. This means that those who are convicted will be issued a SOIRA order, requiring them to register as a sex offender, on a mandatory basis upon sentencing.
