Canada has extremely strict laws regarding child pornography and obscene material. Canadian laws are particularly onerous, due not only to our mandatory minimum sentences of imprisonment, but also the extremely broad definition of “child pornography” in the Criminal Code.
Individuals charged with child pornography offences often find themselves in legal, personal and financial turmoil. Often, “no-knock” search warrants are conducted, during which armed officers enter an individual’s home without warning.
The successful defence of these charges requires a multi-prong approach: comprehensive legal advocacy combined with technical computer knowledge and a sound understanding of the forensic examination processes used by police and prosecutors.
M. M. was charged with possession and distribution of child pornography. Following independent investigation by defence counsel and an intensive presentation to Crown counsel, all charges were withdrawn prior to trial.
R. R., an American traveling to Canada, was charged with possession and importation of child pornography. Defence counsel challenged the characterization of the material and brought a constitutional application to have the evidence excluded due to a defective border search. Ultimately, the Crown was convinced to withdraw the criminal charges.