OFFENCE ELEMENTS - CHILD PORNOGRAPHY OFFENCES
s 163.1(1) Definition of child pornography In this section, child pornography means
(2) (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
(i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or
(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years;
(b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;
(c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act; or
(d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.
OFFENCE ELEMENTS - CHILD PORNOGRAPHY OFFENCES
Making child pornography
Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
(3) Distribution, etc. of child pornography
Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
(4) Possession of child pornography
Every person who possesses any child pornography is guilty of:
(4.1)
(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
OFFENCE ELEMENTS - CHILD PORNOGRAPHY OFFENCES
Accessing child pornography
Every person who accesses any child pornography is guilty of
(4.2)
(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
Interpretation
For the purposes of subsection (4.1), a person accesses child pornography who knowingly causes child pornography to be viewed by, or transmitted to, himself or herself.
(4.3) Aggravating factor
If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that the person committed the offence with intent to make a profit.
SELECTED CASE LAW
TABLE OF CONTENTS:
ALBERTA:
2018 ABCA 235
2018 ABPC 36
2017 ABQB 357
2017 ABCA 212
2016 ABQB 648
2016 ABCA 194
2016 ABCA 287
2016 ABCA 139
2016 ABCA 75
2016 ABPC 5
2014 ABCA 221
2014 ABCA 112
2013 ABQB 322
2013 ABCA 140
2013 ABCA 188
2013 ABPC 116
2013 ABCA 112
2013 ABPC 66
2013 ABCA 41
2012 ABCA 384
2012 ABPC 338
2012 ABCA 74
2012 ABCA 57
2012 ABCA 14
2011 ABQB 312
2011 ABPC 9
2010 ABPC 395
2011 ABPC 354
2010 ABCA 157
2009 ABCA 415
2009 ABCA 74
2008 ABQB 679
2008 ABCA 129
2008 ABCA 39
2007 ABPC 237
2007 ABCA 135
2006 ABCA 190
2005 ABCA 423
2002 ABCA 179
2002 ABCA 155
2001 ABCA 181
BRITISH COLUMBIA:
2018 BCCA 416
2018 BCCA 409
2018 BCCA 346
2018 BCCA 339
2018 BCCA 187
2018 BCCA 74
2017 BCSC 1868
2017 BCCA 350
2017 BCPC 85
2016 BCCA 86
2015 BCCA 455
2015 BCPC 417
2015 BCCA 374
2014 BCCA 251
2013 BCPC 421
2013 BCCA 97
2013 BCCA 50
2012 BCCA 405
2012 BCCA 100
2012 BCCA 94
2011 BCCA 221
2010 BCCA 313
2010 BCPC 182
2010 BCPC 155
2008 BCSC 737
2008 BCCA 365
2005 BCCA 584
2002 BCCA 248
2000 BCCA 554
MANITOBA:
2014 MBPC 63
2015 MBPC 20
NEW BRUNSWICK:
2009 NBQB 232
NEWFOUNDLAND & LABRADOR:
2015 NJ No 405
NOVA SCOTIA:
2015 NSPC 14
2015 NSPC 43
ONTARIO:
2008 CarswellOnt 9798
2010 ONCJ 600
2014 CanLII 33080
2014 ONSC 674
2014 ONSC 1472
2015 ONCJ 494
SASKATCHEWAN:
2012 SKQB 330