Jail Almost a Certainty with Child Porn Convictions in Alberta
By Vince Semenuk
If you believe viewing or storing a small amount of child pornography is not a serious crime, think again. In Alberta, convictions for such crimes are almost certain to be followed by jail sentences ranging from a few months to several years. In some circumstances, a conditional sentence order (house arrest) may be available, but don’t count on it.
Across Canada, judges are taking a tougher stand against those convicted of sexual offences involving children. That is illustrated in the Supreme Court of Canada (SCC) judgment R. v. Friesen. That case involved a Manitoba man who sexually assaulted a four-year-old girl. At trial, he pleaded guilty to sexual interference (touching someone under 16 in a sexual way). The judge sentenced him to six years in prison, after comparing his case to another where the court said an appropriate sentence should start at four to five years.
The appeal court ruled the trial judge made a mistake by relying on the other case as a starting point because the facts were different. In the first case, there was a “relationship of trust” between the child and the abuser, but not in the second case, so the appeal court lowered his sentence to four-and-a-half years.
Six-Year Sentence was ‘Lenient’
When the case reached the Supreme Court, judges were unanimous in declaring that the six-year sentence should stand. Given the facts, the SCC ruled six years was “on the lenient end of the spectrum of fit sentences.”
“Sexual offences against children should generally be punished more severely than sexual offences against adults, as Parliament has determined by clear indication in the Criminal Code,” the judgment reads. “Accordingly, provincial appellate courts are directed to revise and rationalize sentencing ranges and starting points where they have treated sexual violence against children and sexual violence against adults similarly.”
Harsh Penalties for Child Porn Possession
According to the s. 163.1 (4) of the Code, anyone convicted of possessing child pornography faces a maximum sentence of 10 years in prison and a minimum one-year sentence if the charge is treated as an indictable offence. If the Crown elects to proceed with a summary conviction, the maximum sentence is two years less a day with a minimum sentence of six months.
The same penalties are given for accessing child pornography, according to the Code.
While the mandatory minimum sentences for possession and making child pornography have been struck down in Alberta and some other provinces, that does not mean that your sentence will not include a period of incarceration. In exceptional circumstances, you may qualify for a conditional sentence order but in an overwhelming amount of cases you can expect a lengthy period of actual incarceration, should you be convicted either by way of guilty plea or after trial.
Cases Have Increased During the Pandemic
The lockdown caused by the COVID-19 pandemic seems to have encouraged more people to view child porn, studies found. According to its 2020-2021 Annual Report, the Alberta Law Enforcement Response Team’s Internet and Child Exploitation team saw nearly a 41 per cent increase in the number of new case referrals compared to the previous year. The unit arrested 145 people and laid 500 charges during this time, compared to 79 arrests and 270 charges laid in 2019-20.
The same trend can be seen on a national level. According to a report from Statistics Canada, police-reported online victimization of children is rising compared to pre‑pandemic levels. It shows that the making and distribution of child pornography increased 35 per cent increase from 2019 to 2020. Possession of pornography cases rose by 34 per cent increase while incidents of non‑consensual distribution of intimate images rose 14 per cent.
Computers Can Work Against You
The capability of modern computers and websites may also work against you. For example, if you accessed a torrent site to download the child porn images, it may have uploaded similar files from your computer without you knowing it. You could then be charged with distributing child porn, punishable with a maximum 14-year prison term. It is not a defence to argue that you didn’t know which files from your PC were being uploaded at any given time.
The reality is that child pornography cases are incredibly complex from a legal point of view. Even people with a small number of images can still find themselves serving significant jail time if convicted. Even if your collection does not include images of sexual intercourse, you could still be facing a custodial sentence as a first-time offender.
Get Us Working for You
Alberta courts come down hard on those convicted of child pornography offences, with jail time an almost certain consequence. The lawyers at Dunn & Associates have extensive experience in this area. If you have any questions or would like to speak to a lawyer, call us at 403-233-0443.