Canadian Criminal Sentencing/Cases/Child Pornography

Possession and Accessing

Case	Citation	Prv	Crt	Sentence	Amount	Summary
R. v. Young	2012 ONCJ 716 (CanLII)	ON	PC	90 days	13,959 images, 210 videos	most materials were inaccessible
R. v. Wright	2012 ONCJ 698 (CanLII)	ON	PC	12 months and probation	404 videos, 40 images	peer-to-peer investigation--also sentenced with making available (12 months concurrent)
R. v. Young	2012 ONCJ 716 (CanLII)	ON	PC	90 days	13,959 images, 210 videos
R. v. Nelson	2012 BCPC 348 (CanLII)	BC	PC	1 year	18 images and videos	also charged with sexual assault causing bodily harm of 14 year old--aboriginal background
R v Lorenz	2012 SKQB 391 (CanLII)	SK	SC	9 months	449 images and 9 videos
R. v. Schroeder	2012 ABPC 241 (CanLII)	AB	PC	90 days	4 images, 5 videos	also sentencing on Luring (24 months less a day CSO)-Over 9 days, accused chatted with undercover officer posing as a 13 year old girl-conversation became sexual-they arranged to meet up and he was arrested upon arrival, condoms were found on him at time or arrest-police found 218 chats with other adults discussing sexual acts with children
R. v. McArthur	2012 ABPC 217	AB	PC	12 months	991 images, 67 videos	offender also charged with distribution (16 months)
R. v. Hutchings	2012 ONCJ 347	ON	PC	36 months	61,000 images, 150 videos	offender had a prior record for child pornography--was going to internet cafes to avoid detection
R. v. Paradee	2012 ABPC 148	AB	PC	90 days	webcam	offender lured 16 year old online and had her masturbate on web camera. Also convicted of luring (18 months CSO)
R. v. Andrukonis	2012 ABCA 148	AB	CA	12 months	42 images, 87 videos	offender collected for 12 to 18 months--was sexually abused as a child
R. v. Tettersell	2012 ABCA 57	AB	CA	2 years		global 8 years, also charged with making and distribution.
R. v. Ahmed	2012 ONCJ 71	ON	PC	90 days	28 images, 48 videos	Crown sought 12 months
R. v. Matticks	2012 ABPC 32	AB	PC	12 months	334 images	also charged with luring two children on internet, for global sentence of 2 years less a day.
R. v. Gringel	2012 ONCA 48	ON	CA	15 months
R. v Keough	2012 ABCA 14	AB	CA	18 months		poss'n x 2; appealed from 27 month sentence; voyeurism; stole video of youths sexual activity
R. v. Lamb	2011 BCSC 349	BC	SC	45 days	6 videos, 2 images, and 20 texts
R. v. Grimsdale	2011 ABPC 51	AB	PC		2,600 images	260 of the images show sexual assaults
R v Pinsky	2011 SKPC 111	SK	PC	12 months	5036 images	69,000 image and video files total, 5036 confirmed CP
R. v. St. Michael	2011 ONSC 449	ON	SC	3 to 4 years
R. v. Johnston	2011 NLCA 56	NL	CA	10 months	20 videos	72 year old, retired staff sargent of RCMP; appealed from 15 months
R. v. Oakey	2011 ONCJ 404	ON	PC	2 months	894 images 1 video	most were deleted
R. v. M.G.	2011 NBPC 10	NB	PC	15 years		over 11 years duration, also charged with making and distribution
R. v. Tootoosis	2010 ABQB 574	AB	SC	18 months	24,569 images stored of which 4229 were unique images; 7 videos
R. v. Bejasa	2010 ABPC 249	AB	PC	5 month (global)	< 100 images and videos	2.5 months on poss’n and 2.5 months for accessing; probation
R. v. McArthur	2010 ABPC 231	AB	PC	6 months		also charged with distribution (2 years)
R. v. H.T.	2010 MBPC 8	MB	PC	90 days	1297 pics 185 vids
R. v. Bock	2010 ONSC 3117	ON	SC	2 years, 9 months	1000 videos; very large collection	also charged with making available; guilty plea; no record
R. v. Hilderman	2010 ABPC 183	AB	PC	2.5 years	1,900 images, 23 texts, 540 videos	two counts of possession; one count of making available; and breach of recog.--after being released on first charge he obtained more material while on bail--materials show ages 5 to 17, including graphic sexual acts, bondage and brutality--made available through P2P software--moderate high risk of reoffence--addicted to CP
R. v. Cuttell	2010 ONCJ 139	ON	PC	18 months	1346 images and 10 videos	two counts of making CP available to others through P2P network--materials depict anal nad vaginal penetration of children, bondage, group sex--youngest was aged 3--offender was 67 with no record--had limited mobility
R. v. Brignolio	2010 ONSC 4361	ON	SC	12 mo	50+ files	age 68 male, no record
R. v. Brooks	2010 MBPC 61	MB	PC	10 months	4 images, 6 videos	taking CP across border from US
R. v. W.E.	2010 NLCA 4	NL	CA	20 months	"large number" of videos and images	no prior record
R. v. Mathieson	2010 ONCJ 616	ON	PC	16 months (poss’n)	1,774 pictures	also charged with making (12 months); was found printing images at store
R. v. Vasic	2009 CanLII 23884 (ON SC)	ON	SC	19 months	119 videos, 494 images
R. v. B.H.L.	2009 ABPC 50 [1]	AB	PC	2 years less a day (distrib); 1 year (poss)	32,517 images	also charged with distribution, 800 of images were graphic in nature
R. v. W.A.E.	2009 CanLII 42861	NL	PC	5 years	476,704 pictures; 47,544 videos
R. v. Carrigan	2009 ABPC 228	AB	PC
R. v. Cafferata	2009 YKTC 95	YK	PC	6 months	17,000 images
R. v. Hammond	2009 ABPC 153	AB	PC	90 days	106 unique videos and 456 pics	images and videos highly graphic
R. v. Nowazek	2009 YKTC 51	YK	PC	24 months	thousands of pics and vids	1,000 photo images and video clips on his computer’s hard drive, as well as thousands of video clips and still shots on 40 computer disks; history of sexual offending against children and was a high risk to reoffend
R. v. Johannson	2009 SKQB 12	SK	SC	45 days	26 videos and 20 images	guilty plea to 3 counts possession, found guilty of making available (12 months)--images of boys aged 10 to 15--offender age 26, attending university, no record,
R. v. C.W.F.	2009 BCPC 85	BC	PC	9 months	4 vids	3 years probation; guilty plea to poss’n; age 31; poss’n over two weeks; 4 videos, very serious in nature; prior record for sex assault of child from 12 years earlier; diagnosed with pedophilia; moderate to high risk to reoffend
R. v. D.C. and M.G.	2009 NBCA 59 [2]	NB	CA	12 months		also charged making and distribution, joint recommendation, otherwise judge would have gone higher.
R. v. Proulx	2009 MBPC 13 [3]	MB	PC	90 days	2,466 pics	3 years probation; images of Mission categories 1 to 4; collected for over a 2 years; disagnosed with pedophilia; remorseful and had good insight; low risk of reoffending if treated; no prior criminal record; summary conviction; Crown sought 12 months
R. v. Decker	2008 NSPC 43	NS	PC	9 months	4,900+ images; stories
R. v. Schneider	2008 ONCJ 250	ON	PC	6 months	689 video clips	of videos, 109 were accessible and 85 were unique; prior record of making C.P.
R. v. Aylesworth	2008 ONCJ 68	ON	PC	S/S	1,000+ images	accomplished violinist, undergone therapy
R. v. C.P.	2008 NBCA 77	NB	CA	22 months	hundreds of videos and images	included images of his own daughters
R. v. Kostas	2008 ONCJ 224	ON	PC	90 days	50 videos and over 100 images	admitted collecting for over 5 months
R. v. L.W.	2008 BCPC 281	BC	PC	60 days	26,000 pics	37 years old
R. v. Gauthier	2008 ABCA 39 (Alta. C.A.) [4]	AB	CA	1 year	2,000 pics 100 vids	Unrelated criminal record
R. v. Christian Pommer	2008 BCSC 737	BC	SC	9 mo CSO	56 images	also access to 113 CP websites; access over 4 years; offence date pre-dates 2005
R. v. Graham	2008 BCPC 59	BC	PC	1 year	10,000 images	3 years probation; age 32; guilty plea; 10,000 images depicting sexual activity; assessment indicated no shame or remorse; diagnosed with paedophilia and personality disorder;  addicted to crystal meth;. high risk to reoffend; no record
R. v. V.H.	2008 YKTC 21	YK	PC	12 months
R. v. Kwok	2007 ONSC; O.J. No. 457 (Ont. SCJ)	ON	SC	1 year		29 years of age; had been accessing child pornography for over 13 years. Regularly communicated with other pedophiles over internet; 2000 photos and 60 video clips
R. v. Coutu	2007 CarswellOnt 8648 (Ont. Sup. Ct.)	ON	SC	3 years, 2 months	1.9 million CP and related images	guilty of possessing and making available CP--“straggering volume” with “horrendous” content, included 1,917,288 images and 16,422 videos, of which 16,084 were photographic images, 44,487 images involving child nudity, 784,415 "other” photographs with children. There were 600 child pornography video clips; 112 of child nudity and 7,742 other video clips involving children
R. v. Fisher	2007 NBPC 15	NB	PC	8 months
R. v. Strohmeier	2007 ONCJ 141	ON	PC	18 months	30,000 pics 378 vids	judge went above crown sentence of 12 months; well organized collection; age 48
R. v. Lehman	2007 ONCJ 18	ON	PC	90 days	10 videos	membership with a CP website
R. v. Warn	2007 ONCJ _; O.J. No. 3581 (Ont. C.J.)	ON	PC	15 mo		25 years old, no record; distribution and possession; over 15,000 photos and 50 videos; positive evidence from psychotherapist
R. v. C.W.F.	2006 BCPC 545	BC	PC	10 days	15,000+ images
R. v. Shelton	2006 ABCA 190	AB	CA	15 months		also charged with distribution; downloading since age of 14; collection found was amassed over more than 2 years; sophisticated, organized collection; large volume of images; images of children between 6 and 8; images depict sexual intercourse; appeal of CSO; sexual compulsivity was reportedly high--age 20-22 at time--visited CP websites 3,915 times and downloaded/uploaded 75,000 times
R. v. Lentzen	2006 ABPC 283, A.J. No. 1728 (Alta. P.C.)	AB	PC	6 months	8,800 videos, pics and stories	collected for over two years; found items that were possibly used to create videos; assessed as a low-risk to re-offend; had account on CP website, methodical in sorting
R. v. Neilly	2006 ONCA _, CarswellOnt 2396 (Ont. C.A.)	ON	CA	1 year		also charged with distribution
R. v. McCrindle	2006 ABPC 105	AB	PC	1 day (8 mo remand credit)	229 images
R. v. T.L.B.	2006 ABQB 533	AB	SC	2 years less a day CSO	80 images	accused is female with Cerebral pausey. Has child who had seen some of the images.
R. v. Peterson	2006 ABPC 177	AB	PC	90 days	3800 images	also charged with accessing, sought counselling
R. v. Austin	2006 B.C.J. No. 3430 (B.C. Prov.Crt.)	BC	PC	Suspended Sentence		60 years; was employed with district teacher’s association; no pictures, only stories found; collected over 4 years;
R. v. Moen	2006 SKPC 1	SK	PC	30 days	473 videos	videos ranging from 3 seconds to 1.5 hours; depicts children age 4 to 14 in sexual acts
R. v. Jakobsen	2006 BCSC 379	BC	SC	6 months
R. v. Tylek	2006 ABPC 85	AB	PC	13 month CSO	850 images	also accessed paid CP websites
R. v. Bennett	2006 O.J. No. 29	ON		90 days	11,000 images	24 years old, no record; psychiatric finding that the accused was a pedophile
R. v. Sabando	2005 BCPC 464	BC	PC	1 day jail		deported back to Philippines
R. v. Mallett	2005 CanLII 32927 (ON SC)	ON	SC	1 year CSO	5,000+ images
R. v. Missions	2005 NSCA 82	NS	CA	12 months	63 images
R. v. R.N.	2005 N.S.J. No. 403	NS		2 years		also charged with making and sexual assault
R. v. Lea	2005 O.J. No. 2665 (Ont.C.A.)	ON	CA	6 mo	over 10,000 images	53 years, no record; depression; guilty plea;
R. v. Harlos	2005 ABPC 118	AB	PC	8 months	3162 images 763 videos
R. v. Lonergan	2005 ABPC _, CarswellAlta 120, (Alta. Prov. Ct.)	AB	PC	8 months		joint recommendation overturned; guilty plea; no record; minimization of role
R. v. Harlos	2005 ABPC _, CarswellAlta 626 (Alta. Prov. Ct.)	AB	PC	8 months	large collection of pics/vids	collecting for months
R. v. G.H.K.	2005 BCPC 618	BC	PC	14 month CSO
R. v. Batshaw	2004 M.J. No. 249 (MBCA)	MB	CA	15 months CSO	80 to 100 images	age 22; no record;; low risk to reoffend; appealed discharge order
R. v. Faget	2004 BCCA 66	BC	CA	9 months		guilty plea to poss’n for purpose of distrubtion; age 18; no record; remorseful and empathetic; no indication of emotional difficulties; low risk to reoffend; collection was part of adult pornography business; included category 4 material as per Missions
R. v. Kim	2004 CanLII 32118 (ON CA), (2004), 181 O.A.C. 88	ON	CA	9 month CSO	large collection	border-line unsuccessful crown appeal
R. v. G.	2004 NSCA 7	NS	CA	2 years		also charged with making (2 years)
R. v. Woroby	2003 MBCA 41	MB	CA	fine and probation
R. v. North	2002 ABCA 134	AB	CA	12 mo CSO		2000 pictures shared on a computer; overturned fine & probation
R. v. Hewlett (J.J.)	2002 ABCA 179	AB	CA	3.5 years		offender set up pornographic website and hired 3 underage teens
R. v. Schan	2002 CarswellOnt 511	ON	CA	18 month CSO
R. v. Clinch	2002 CarswellMan 366	MB	PC	9 mo CSO		prior related record;
R. v. Cohen	[2001] O.J. No. 1606 (Ont. C.A.)	ON	CA	14 month CSO		also charged with distribution
R. v. Rideout	[1998] A.J. No. 199 (Alta. Prov. Ct.)	AB	PC	30 months	22 images	was on day parole for sexual offences at time
R. v. Stroempl	[1995] O.J. No. 2722 (Ont. C.A.)	ON	CA	10 months	300 pics	age 67 years; no record; sentence of 18 mo overturned

Distribution and Making Available

Case	Citation	Prv	Crt	Sentence	Amount	Summary
R. v. Wright	2012 ONCJ 698 (CanLII)	ON	PC	404 videos, 40 images	12 months and probation	peer-to-peer investigation--also sentenced with possession (12 months concurrent)
R. v. Allen	2012 BCCA 377 (CanLII)	BC	CA	3 years	880,000 images and videos
R v SDP	2012 SKQB 330 (CanLII)	SK	SC	3 years	4,507 images and videos
R. v. Clayton	2012 ABQB 333	AB	SC	2 years	4600 images	also charged with accessing and possession--global sentence of 3 years--british soldier collected over 10 months--found guilty at trial
R. v. Tettersell	2012 ABCA 57	AB	CA	8 years		also charged with making and interference
R v Benson	2012 SKCA 4	SK	CA	15 months	23 images and 1 video
R. v. M.G.	2011 NBPC 10	NB	PC	15 years		over 11 years duration, also charged with making and possession
R. v. Lynch-Staunton	2011 ONSC 218	ON	SC	5 years	2097 images, 1763 texts, 574 videos	12.1 gigabytes of CP, age 56, no prior record, collection over 10+ years, charged with distribution and poss'n
R. v. Hilderman	2010 ABPC 183	AB	PC	2.5 years	1,900 images, 23 texts, 540 videos	also convicted of two counts of possession; and breach of recog.--after being released on first charge he obtained more material while on bail--materials show ages 5 to 17, including graphic sexual acts, bondage and brutality--made available through P2P software--moderate high risk of reoffence--addicted to CP
R. v. Cuttell	2010 ONCJ 139	ON	PC	18 months		making available
R. v. McArthur	2010 ABPC 231	AB	PC	2 years (distribution); 6 months (poss’n)
R. v. Bock	2010 ONSC 3117	ON	SC	2 years, 9 months	1000 videos; very large collection	also charged with poss'n; guilty plea; no record
R. v. Mathieson	2010 ONCJ 616	ON	PC	16 months (poss’n); 12 months (making)	1,774 pictures	also charged with possession; was found printing images at store
R. v. B.H.L.	2009 ABPC 50	AB	PC	2 years less a day (distrib); 1 year (poss)	32,517 images	800 of images were Missions Category 4
R. v. Johannson	2009 SKQB 12	SK	SC	12 months	26 videos and 20 images	guilty plea to 3 counts possession, found guilty of making available--images of boys aged 10 to 15--offender age 26, attending university, no record
R. v. D.C. and M.G.	2009 NBCA 59	NB	CA	12 months		also charged making and distribution, joint recommendation, otherwise judge would have gone higher.
R v Alcorn	2008 ONCJ 547	ON	PC	16 months		making available
R. v. T.L.B.	2007 ABCA 61	AB	CA	18 months		also charged with interference
R. v. Kozun	2007 MBPC 7	MB	PC	18 mo CSO	3368 pics and 350+ vids	pre-dates amendments; upeld at appeal 2007 MBCA 101 [5]
R. v. J.A.M.	2007 SKPC 44	SK	PC	2.5 years		transmitting live child pornography over network
R. v. Coutu	2007 CarswellOnt 8648 (Ont. Sup. Ct.)	ON	SC	3 years, 2 months	1.9 million CP and related images	guilty of possessing and making available CP--“straggering volume” with “horrendous” content, included 1,917,288 images and 16,422 videos, of which 16,084 were photographic images, 44,487 images involving child nudity, 784,415 "other” photographs with children. There were 600 child pornography video clips; 112 of child nudity and 7,742 other video clips involving children
R. v. Warn	2007 ONCJ _; O.J. No. 3581 (Ont. C.J.)	ON	PC	15 mo		25 years old, no record; distribution and possession; over 15,000 photos and 50 videos; positive evidence from psychotherapist
R. v. Treleaven	2006 ABPC 99	AB	PC	3.5 years		distribution
R. v. Shelton	2006 ABCA 190	AB	CA	15 months		downloading since age of 14; collection found was amassed over more than 2 years; sophisticated, organized collection; large volume of images; images of children between 6 and 8; images depict sexual intercourse; appeal of CSO; sexual compulsivity was reportedly high
R. v. Sutherland	2006 BCPC 133	BC	PC		100,000	admitted to sending hundreds of pic to others; was in poss’n of 100,000 images of which 10,000 were analyzed; many were CP; included Missions Cateogory 4 images; age 49; no record; guilty plea; not a pedophile; no evidence of being involved with children
R. v. Hassell	2006 ABPC _, A.J. No. 1679 (Alta. P.C.)	AB	PC	9 months		confessed to routinely trading C.P. images over four t five years
R. v. Neilly	2006 ONCA _, CarswellOnt 2396 (Ont. C.A.)	ON	CA	1 year		also charged with possession
R. v. Anderson	2005 ABPC 99, A.J. No. 535	AB	PC	9 months	massive collection	no record; only some distributed; admitted addiction; diagnosed as a paedophile in the low-risk category
R. v. Kim	2004 CanLII 32118 (ONCA), (2004), 181 O.A.C. 88	ON	CA	9 month CSO	large collection	possession and distribution, border-line unsuccessful crown appeal
R. v. Larocque	2004 ABPC 114	AB	PC	18 months	thousands of pictures; 250 videos	was a moderator of an international distribution ring; was crown witness on prosecution of another member;
R. v. Faget	2004 BCCA 66	BC	CA	9 months		guilty plea to poss’n for purpose of distrubtion; age 18; no record; remorseful and empathetic; no indication of emotional difficulties; low risk to reoffend; collection was part of adult pornography business; included category 4 material as per Missions
R. v. Kim	2004 CanLII 32118 (ON CA), (2004), 181 O.A.C. 88	ON	CA	9 month CSO	large collection	also charged with possession, border-line unsuccessful crown appeal
R. v. Currie	2003 CanLII 33601 (MB PC)	MB	PC	2 years	4,500 images, 50 videos	poss’n for purpose of distribution
R. v. Cohen	[2001] O.J. No. 1606 (Ont. C.A.)	ON	CA	14 months CSO		also charged with poss’n
R. v. Yaworksi	2000 O.J. No. 2613 (Ont. C.A.)	ON	CA	12 months		20 year old, no record; guilty plea to distribution
R. v. Lisk	[1998] O.J. No. 1456 (Ont. C.A.)	ON	CA	3 months	111 images	The case involved the distribution of child pornography in order to obtain more child pornography.

Making

Case	Citation	Sentence	Amount	Summary
R. v. A.R.C.	2012 ABPC 252 (CanLII)	12 months (global)		also sentenced for interference, possession--over several years had intercourse with daughter, filmed it and shared it over internet.
R. v. Tettersell	2012 ABCA 57	2 years		also convicted of sexual touching--global sentence of 8 years
R. v. Bridgeman	2011 ONCJ 117	6 months		also charged with luring (18 months)
R. v. St Michael	2011 ONSC 449	4 years
R v Gilbert	2011 NBPC 10	15 years		5 counts making, 1 count possession, 3 counts interference, 6 victims
R. v. Mathieson	2010 ONCJ 616	16 months (poss’n); 12 months (making)	1,774 pictures	also charged with making; was found printing images at store
R. v. F.(D.G.)	2010 ONCA 27	7 years		making/poss’n/distribtuing CP, sexual assault, interference; used daughter to make live streaming CP.
R. v. B.(P.J.)	2010 ABCA 49	1 year (making/distrib)		also charged with sex interference--global sentence of 4 years--mother using daughter to make CP for boyfriend
R. v. P.M.V.	2010 BCCA 34	2 years less a day
R. v. Brandridge	2010 ONCJ 450 [6]	5 years	35,000 unique images; 485 videos	also charged with making and possession
R. v. Grant	2009 BCCA 282 [7]	4 months	4 pics	took polaroid photos of 4 year old child, 6 images showed genitals
R. v. Smith	2008 CanLII 59107 (ON SC)	21 months
R. v. Debidin	2008 ONCA 868	6 months
R. v. B.C.M.	2008 BCCA 365	3 years		also convicted for interference (1 year consecutive)
R. v. D.(B.)	2008 ONCJ 21	2 years		making CP, also convicted of incest--
R. v. Innes	2007 ABPC 237	2 years		also charged with luring and extortion
R. v. L.A.W.	2006 SKPC 98	1 year	6 images	6 images of his 9 year old daughter and the Complainant’s step daughter; admitted oral sex with daughter, also convicted of sex assault(2 years)
R. v. R.N.	2005 N.S.J. No. 403	2 years		also charged with possession and sexual assault
R. v. G.	2004 NSCA 7	2 years (making) 2 years (poss'n)		making and possession
R. v. G.P.	2004 NSCA 154	12 months	100 images, streaming video	also charged with sexual exploitation. Father ran sex trade operation using his daughter. She would pose and perform sex for live internet shows. joint recommendation for global sentence for 30 months
R. v. Weber	2003 CanLII 28579 (ON CA)	14 months CSO

NB:

• mandatory minimum amendments on s.162.1 enacted July 2005