Possession of Child Pornography is an extremely serious crime in Canada. In fact, in 2005 the Canadian Government amended the law to impose mandatory minimum jail sentences for any person convicted under this section regardless of age or circumstances.

In addition, every person convicted of a child pornography must register under SOIRA, Sexual Offender Information Registry Act, for a minimum of 10 years in summary conviction cases and 20 years in indictable cases.
Click here for more information on SOIRA.

The defence to a charge of  possession of child pornography is often focused on computer storage of images. The issues relating to this area will often include the lawfulness of the search and seizure of computer records and proof of the accused’s access (as opposed to others) to the computer. In addition, these cases often give rise to the issues surrounding the admissibility of statements if the accused failed to exercise the right to remain silent. Finally, it is incumbent on the crown to prove that each image or video meets the definition prescribed in the Criminal Code.

It is imperative that a person suspected or accused of any charge relating to child pornography speak to a lawyer as soon as possible. The right to remain silent is crucial and should in almost every case be exercised.

At Daley, Byers we canvass every possible defence to the charge. A person charged with possession of child pornography like any other individual is innocent until proven guilty. The Crown must prove each and every aspect of the case beyond reasonable doubt.

If the Crown is able to do so, all is not lost. The sentencing in these cases crosses a broad spectrum and it is important to negotiate or persuade the Crown to proceed by way of summary conviction as opposed to indictment due to the minimum sentence provisions of the Criminal Code.

At Daley Byers we have extensive experience defending these charges and have achieved exceptional results.

At Daley Byers Criminal Lawyers, we offer emergency service on a 24/7 basis.  Our toll free number will connect you with one of our lawyers experienced in this area of law.


Read about Relevant Sections of the Criminal Code on child pornography.