SELECTED CASE LAW
In 2015 ONSC 2853, Mr. N, was charged with sexual assault, sexual interference, invitation to sexual touching, making sexually explicit material available to a person under the age of 16 to facilitate the commission of an offence, and exposing his genitals to a person under the age of 16 years old. The charged of sexual assault was stayed and he was convicted of the other offences.
Mr. N had shown his wife’s granddaughter pornographic images and videos of children and adults engaging in sexual activity while she was sitting on his lap. She was 10 or 11 years old at the time. He would use graphic language to describe what was occurring in the images while he rubbed her chest and vagina. He showed her his penis on one occasion and invited her to touch it. He told her not to tell anyone about these things because he would get in trouble. Mr. N denied this, stating that the girl once snuck in while he was watching pornography, but that he did not otherwise abuse her. The girl eventually told her mother about the incidents who went to the police, she was able to describe the names of the file folders where the pornography were stored on Mr. N’s computer.
Mr. N had a history of sexual offences from the 1970s. He was sentenced to 6 years of incarceration, as well as orders including to have no contact with the victim or her mother while incarcerated, a DNA order, lifetime limitations of being near people under the age of 16, including online, 10-year weapons prohibition, and a lifetime registration as a sex offender.
An appeal on his sentence was dismissed.
Also see 2015 ONSC 5046 (Sentencing); 2018 ONCA 149 (Appeal – sentencing).
 2013 ONCJ 801 at para 5.
Criminal Offence(s): Making Sexual Material Available to a Child