Kingston Child Pornography Defence Lawyer

We defend child pornography charges (CC s. 163.1) laid by Kingston Police.

Child pornography charges laid by the Kingston Police (KP) will be heard at the 279 Wellington Street, Kingston, ON courthouse. First court appearances will normally be held in courtroom 2. The court date and courtroom number will be printed on the Undertaking (Form 10) or Release Order (Form 11) provided to the accused. This paperwork will also list the offences they are charged with, which will be laid under Section 163.1 of the Criminal Code (CC).

For those living in the Kingston area, Kingston Police will normally lay the charges, but other law enforcement agencies (RCMP, OPP, FBI, etc.) or child protection entities may also be involved in the initial gathering of evidence. KP will take over the investigation if the suspect’s location or IP address is in Kingston.

Anyone who receives a court date for a child pornography related offence should politely exercise their right to remain silent and hire a criminal defence lawyer immediately. If the police have executed a search warrant and seized electronic devices, you should contact a lawyer now (before charges are laid).

Mandatory minimum 6+ month jail sentences are prescribed by law in all child porn cases (even possession or accessing only cases).

Charges for possession of or accessing child pornography will be laid under CC s. 163.1(4) or s. 163.1(4.1) respectively and subject to a mandatory minimum sentence of 6 months in jail if found guilty. Charges for making or distributing child pornography will be laid under s. 163.1(2) or 163.1(3) and subject to a mandatory 1 year minimum jail sentence.

All forms of child pornography offences in Canada will result in a criminal record for life and potential sex offender registration upon a finding of guilt in court (whether via a guilty plea or trial).

Kingston court Crown Attorneys often seek beyond the mandatory minimum sentence in child pornography cases.

Kingston Crown Attorneys routinely ask for sentences beyond the mandatory minimums. It is not unusual to see initial screening positions of 2+ years prison time. For aggravated cases involving large or more offensive collections containing material of very young children, babies, or forced violence, sentences in the 4+ year range are not uncommon even for first time offenders. If the accused films or convinces a child victim known to them to send them child porn of themselves, this is considered a highly aggravating factor by both the Crown and the courts.

The accused may be deported by IRCC if not a Canadian citizen.

If the accused is not a Canadian citizen (student, work permit, PR), they will likely be deported by IRCC upon completing the jail portion of their sentence and deemed inadmissible to Canada in the future. This is because the mandatory minimum sentence for possessing or accessing even the most minor forms of child pornography is 6 months in jail even if the accused pleads guilty. IRCC normally seeks deportation for those sentenced to at least 6 months in custody.

For those who are not deported, they will receive a criminal record (conviction) for life that cannot ever be pardoned or suspended by law. They also may be placed on the sex offender registry and subject to conditions preventing them from being in the presence of children. The court may also order them to abide by restrictions on their internet usage and prevent them from possessing electronic devices capable of accessing the internet. The court can impose these conditions for up to life via a CC s. 161(1) prohibition order.

Hiring a lawyer immediately is always recommended for those charged or investigated by the Kingston Police for child pornography offences.

While the offence is relatively easy to commit with any device capable of accessing the internet, the seriousness of the potential punishments attached to all forms of child pornography related charges cannot be understated. If charges have been recently laid, or your devices have just been seized and it is only a matter of time before you are formally charged, you should hire a lawyer now.

The police may wait to press charges if the child pornography is not immediately accessible to them while executing their search warrant.

In cases where the police attend at your home to execute a search warrant and seize your devices, they may not be able to lay charges until they actually “see” the evidence. If the accused does not admit to any crime (remains silent) and there is no evidence of child porn in plain view, the police may have to wait until the forensic analysis is done before laying charges. Even a simple password can delay charges requiring more investigation.

Forensic analysis can take from days to many months depending on how much effort is required to access and sort through the images and videos on all seized devices. Kingston Police may send the devices to the OPP or RCMP to assist with this task, which can take even more time. Not all devices and passwords can be easily cracked by the police. Some passwords and forms of encryption cannot be broken at all at this time.

The accused should respectfully exercise their right to remain silent during the search and investigation.

Remaining silent is crucial as some accused will provide passwords and other information to the police they otherwise wouldn’t have been able to recover. Even if the police have already laid charges for child pornography found in plain view or based on other evidence, if more illegal material is discovered this makes the case harder to defend. The size of and types of content found within the collection can add years to a child pornography sentence if the accused is later found guilty.

As technology evolves and improves, some uncrackable password protected devices may become accessible to the police in the future. If your devices have been seized it is essential for your lawyer to ask the court for them to be returned or destroyed after a reasonable period of time has passed. This right has been recently affirmed by the courts in Ontario.

How we defend Kingston child pornography charges in court.

Child pornography cases can be difficult to prove if the accused remains silent and does not admit to anything. Evidence can be mostly circumstantial and the police and Crown may not be aware of other potential culprits prior to trial. A defence lawyer may be able to raise reasonable doubt by showing that someone other than the accused could have been responsible.

The defence doesn’t need to prove that someone else committed the offence, but merely raise a reasonable doubt. It is not uncommon in Kingston for numerous people (often immigrants) to live together in the same house and share internet connections and devices. Family members, friends, roommates or someone else in close proximity to the accused with access to their devices or internet connection could be responsible.

The accused may have been framed by a third party.

False child pornography allegations may also be made by the scorned lover or angry third party with an ax to grind against you. A defendant may be falsely accused and framed by a former domestic partner who is looking for revenge or an advantage in family court. A false allegation may spawn from one parent looking to have the other labeled a pedophile to render them unsuitable for child custody or access in family court.

It is easy to plant child pornography on someone’s phone or computer, especially if you live together. If the accused talks and makes admissions to the police it may not be possible to rely on these defenses. The police will seek admissions of guilt in the heat of the moment upon executing a search warrant.

Sometimes the accused is woken up by the police with a flashlight in their face during an early morning raid (warrant execution). Feeling "caught", they become like a deer in the headlights and in that critical moment may inadvertently confess or make incriminating statements. The accused should respectfully remain silent and not talk to the police.

Charter applications to exclude evidence can help the defence in child pornography cases.

Our lawyers routinely make Charter applications to try to get the Crown's evidence thrown out in court. Child abuse images uncovered using given device passwords, admissions of guilt, and other incriminating statements provided to the police under high pressure circumstances of arrest may not be able to withstand Charter muster.

Just because the police have a search warrant does not mean the accused's Charter rights can be violated. This includes the accused's right to counsel and protections against self incrimination and improper search and seizure. If some or all of the Crown’s evidence is deemed inadmissible and excluded in court as per s. 24 of the Charter this may leave them with no reasonable prospect of conviction (RPC). The Crown may withdraw the charges for no RPC in some cases after evidence is excluded by the trial judge.

If the Crown refuses to drop the charges, the defendant may still be acquitted at trial after critical evidence is excluded or if the police’s improper conduct is determined to violate the accused’s Charter rights to the point that an acquittal is deemed an appropriate remedy.

If you or someone you want to help has been charged with a child pornography related offence, give us a call today at 647-228-5969 for assistance.

---

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with child pornography offences throughout Ontario, Canada.

Have a skilled criminal lawyer who focuses on child pornography defence law in Kingston protect you and your future from the stigma and consequences of a criminal record and conviction.

Are you a lawyer? If you are defending a criminal case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

*2024 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2024. Past results are not necessarily an indication of future results.

---