SELECTED CASE LAW
BRITISH COLUMBIA:
In 2016 BCPC 241, Mr. M, a diagnosed pedophile, was on parole for sexual offences against multiple preteen and early teen boys over a five-year period. Under the conditions of his parole he was prohibited from being in the company of people under the age of 16. While on parole, he befriended a woman and her 10-year-old son, informing them he was a trained teacher and tutor and introducing himself by his middle name. This relationship led to multiple incidents where Mr. M was in the company of people under the age of 16. Over a 10-month period he manipulated the mother and son into trusting him to tutor the boy while his school was on strike. Instead of tutoring the boy, Mr. M let the boy play video games and showed him adult pornography on the internet. During each tutoring session, he would pat the boys back while masturbating and tried to get the boy to masturbate as well, but the boy declined to do so. At one point he offered the child liquor, which the child also declined.
At a later date, the child saw Mr. M’s real name on his credit card, which led him and his mother to discovering Mr. M’s history of sexual offences.
Mr. M pleaded guilty to invitation to sexual touching, making sexually material available to a person under the age of 16 for the purpose of facilitating an offence, and two probation violations. The trial judge sentenced Mr. M to 7 and a half years of incarceration, and additional orders including a lifetime registration as a sexual offender, a DNA order, and lifetime limitations on being near persons under the age of 16.
Also see 2017 BCCA 141 (Application for leave to appeal sentence).
Criminal Offence(s): Making Sexual Material Available to a Child