SELECTED CASE LAW
ONTARIO:
In 2017 ONSC 3798, Mr. A, a 50-year-old tool and die maker, was charged with luring and making sexually explicit material available to a person under the age of 16. He began communicating with a police officer posing as a 14-year-old girl who had replied to an ad Mr. A posted on Craigslist looking for a young woman who was preferably under 110 pounds. During their conversation Mr. A told the girl about two adult pornography websites that were not password protected and did not require proof of age. He also engaged in sexually explicit conversation, requesting nude photographs and offering to tell her how to masturbate. The court held he sent information about the pornography websites to lower the child’s inhibition and desensitized the child in order to facilitate a sexual assault and sexual interference. He had arranged to meet with the girl, but had to cancel because of work.
Mr. A challenged the 90-day mandatory minimum sentence for making available offence but was unsuccessful. We could not locate a sentencing decision.
Also see: 2018 ONSC 252 (Charter rights – section 12); 2017 ONSC 6398 (Entrapment); 2017 ONSC 405 (Charter rights – section 12); 2017 ONSC 1712 (Charter rights – section 8, evidence).
Criminal Offence(s): Making Sexual Material Available to a Child