SELECTED CASE LAW

SUPREME COURT OF CANADA:

2008 SCC 31

In 2008 SCC 31, Mr. M, a 31-year-old man, was found guilty of making child pornography, dis-tributing child pornography, possessing child pornography, and sexually assaulting his daughter when she was between the ages of 2 and 4.

He was initially flagged by a Swiss police investigation into an international ring of pedophiles, of which he was a suspect. The Canadian police found him in possession of over 5,000 photos and 500 videos of child pornography. This material included bestiality, static and animated con-tent, with children generally around 10 years old. It also included sexually explicit photos of his own daughter and a daughter of a family friend, who was 4 years old. In one series of images, he made and distributed 33 photos of his daughter in a princess costume with her genitals ex-posed for profit.

It was revealed through the investigation that Mr. M sexually assaulted his daughter for 2 years, through sexual touching and penetration. They would spend the night together in a room he referred to as “the love room.”

Mr. M has 3 other children, was previously arrested as a minor for sexual assault of a child, and was arrested as an adult for sexual assault of a minor. He suffered sexual abuse as a child.

He was sentenced to 15 years in jail, which was reduced to 9 years on appeal, and finally re-stored to 15 years at the Supreme Court. Additional orders included a 10-year long-term of-fender supervision order.

Also see: 2006 QCCA 735, 2005 CanLII 39982, 2005 CanLII 39983, 2005 CanLII 24988.

Criminal Offence(s): Sexual Assault