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In December the Supreme Court of Canada released their decision in R v Reeves. This decision considered what expectation of privacy an individual has in a shared digital device, such as a shared computer or tablet. The Court found that a third-party, even one who has...
One of the methods by which police are made aware of the presence of child pornography on a computer is when a computer technician is hired to fix the computer and in the process of doing so discovers the illegal content. A recent decision of the Court of Appeal of...
The Ontario Court of Appeal, in the decision of R. v. Morrison, has recently upheld a decision of the trial judge to strike down the mandatory minimum sentence of one year in jail for the offence of child luring. After finding Morrison guilty of child luring, the...
The offence of luring a child (section 172.1 of the Criminal Code) punishes those who communicate with a person believed to be under the age of 16 years for the purpose of facilitating a sexual offence, such as sexual interference. The elements of the child luring...
There has been a steady increase in child pornography prosecutions over the last 10 years, partly as a result on the ease at which it can be found online. In some cases it is relatively easy to determine what constitutes child pornography, for instance videos or...
The Court of Appeal of Ontario recently released a judgment in an extradition case involving a deportation order to the United States against a man alleged to have committed charges of internet luring, child exploitation and child pornography. The American police had...
A person charged with possessing or making child pornography can raise what is known as a "private use exception" as a defence. The limits of this defence were recently considered by the Supreme Court of Canada in the case of R. v. Barabash. In that case, two...
Last week the Supreme Court of Canada ("SCC") released a decision in a case called R v Spencer with the court upholding internet user's anonymity. The law now requires police officers to get a search warrant before being able to get a user's information from their ISP...
