SELECTED CASE LAW
In 2011 QCCA 2157, Mr. G appeal his conviction of making, distributing and possessing child pornography, and child luring, as well as his sentence of 18 months.
Through MSN and mIRC, Mr. G had sexually explicit conversations with multiple people. They included trying to convince a mother to leave him alone with her two young children for a few hours so he could sexually abuse them and trying to convince a 14-year-old girl to perform sexual favours for him in exchange for money. The court found that these written conversations in themselves constituted child pornography, explaining that computer chat can be permanently stored, so anything written is like material. Child luring charges relate to what one is trying to accomplish with the chat, whereas the writing material itself, as a means to that end, can still be child pornography.
The appeal of both the conviction and sentence were dismissed as they were determined to be reasonable.
Also see: 2010 QCCQ 5728 (trial), 2010 QCCA 1876 (application for release pending appeal), 2010 QCCA 1888 (leave to appeal; application for release pending appeal).
Criminal Offence(s): Sexual Assault