FAQ about our GTA child pornography and other sexual offences criminal defence lawyer services

Here are some of the most common questions asked regarding our chilld pornography charges criminal defence services. If you have further questions, simply call us to discuss your case at: 647-228-5969.

Who can you help? Do you only represent people in Toronto or those throughout Ontario and all of Canada?

We provide direct referral and assistance (in technology related strategies) to clients in all courthouses in the Greater Toronto Area and throughout Ontario. For individuals whose cases are in courts outside of Ontario, we provide help by providing proper referrals and assisting local lawyers with current defence strategies to help get your charges withdrawn or acquitted at trial. We currently work with and refer cases to a Toronto criminal lawyer with substantial child pornography case experience and over 30 years of experience practising criminal law.

I am an individual or media organization that is offended you actively help people defend child porn and other sex related related charges. What do you have to say?

Perhaps more than any other type of criminal charge, none carries a more negative stigma and label than child porn or any other sexual offence. This label is sometimes unjustified and based on assumptions of guilt. Just becuse someone is charged does not mean they are guilty. In Canada people are presumed innocent until proven guilty in a court of law. Some people charged are innocent and need to be defended so their life is not unjustly ruined forever.

Often the people most vehemently opposed to our focused child porn defences are the first to call us for help when they get a knock on their door from the police accusing them of child porn related crimes. They immediately realize how easy it is to be wrongly charged with this extremely serious, life ruining offence.

Aren't all those charged with child porn dangerous "child predators"?

Canadians generally believe everyone charged with child porn is a "dangerous child predator" who sexually abuses or is aroused by watching babies or prepubescent children engaged in having sex with adults or other children. The reality is that many cases are not nearly this simple and don't involve such severe allegations.

It is also surprisingly easy for a person's computer to be compromised and to have a charge laid because a third party, known or unknown to the accused, used their computer or internet connection for illegal purposes. Framing an ex spouse/partner for child porn is also a common tactic used to gain an advantage in family law in custody disputes.

Minor allegations = same devastating charges

Sometimes child porn charges are based on relatively minor allegations, but the life ruining consequences and mandatory minimums remain the same. The names of charged individuals are often publically reported in the media before being convicted and the person is labelled a "child sex predator". What the media doesn't report is that the charge may be based on nothing more than a police officer's opinion that a girl in a picture "looks like she is about 16 or 17".

If you are charged with child porn, society (family, friends, employers, law enforcement, and customs) will usually assume you are preying on and actively abusing children, filming/creating child porn, and searching for and possessing the most violent and offensive/degrading types of child pornography (in terms of ages, acts, etc). In reality, some accused are harmless, regular people who have never abused a child in their life. In some cases these individuals are looking at who they believe to be young legally aged adults and have no idea it is something the police would think is underage/illegal.

Some people charged with child pornography offences are later proven in court to be completely innocent

There are documented cases of proven mistake of age. In the U.S., after a paediatrician doctor testified at trial the actress in a porn video was underage, she herself attended court to prove she was in fact 18+ (see: Lupe Fuentes testimony). Fortunately the accused had a lawyer who was able to prove the material was legal. If he did not have a full and vigorous defence he may have been sentenced to 40 years in prison like Canadian Denis Victor Courchesne who was also arrested by U.S. Customs at the border and charged with child pornography offences in Puerto Rico.

We see first hand the persistent oversimplification and assumptions of guilt in child porn related charges that exists in Canada because of non descriptive media portrayals and overly broad federal criminal legislation.

We've had some of the top sex crime police officers in the country press charges after making statements like "asians are hard to tell, but I think she's about 17". The accused did nothing more than look at an image of an adult asian woman, fully developed, standing naked in nature in a non-sexual pose. The charges remain the same: possession, making (because he copied the file), and accessing child porn.

In this case the charged individual was himself a YCJA youth (under 18 years old). Is he really a child sex predator who deserves to go to jail and have his life ruined? What about the good meaning parent who is charged for uploading a photo of their child in the bathtub after police discover the image and determine the child has a "sexual look on their face"?

Like many things, child porn cases are not nearly as simple as some assume them to be.

How long will the court process take?

Child porn cases can take anywhere from a few months to years to resolve. Sometimes cases can drag on because of lengthy forensic investigations. Police can take tremendously long amounts of time to go through the computer systems and categorize what they allege to be the infringing images/videos.

While delays can sometimes work in the accused’s favour and be grounds for an acquittal under section 11(b) of the Charter, the accused is often left waiting for 1.5+ years before submitting his application for dismissal. We understand that our clients are often under very strict release conditions while they await trial (particularly with regard to computer use), but the goal of avoiding a conviction is paramount.

Prematurely rushing a case can sometimes be the difference between a conviction and the person walking free. Ensuring the greatest chance that you will be acquitted or your charges withdrawn can take time, and can be difficult, but we are here with you every step of the way.

I have a legal aid certificate, will you take my case?

No. Properly defending child porn related or other sexual related charges requires significant court and preparation time. We are committed to providing state of the art defences to all clients without limitations or restrictions. We will never compromise the quality of the services we provide.

We do not accept legal aid cases of any nature whatsoever. Any legal aid certificates submitted to us will be disregarded without any response. Please do not contact us regarding cases funded by legal aid.

Will a lawyer provide the representation or a Paralegal, student, or someone else?

You will be represented only by a Practising Lawyer certified by the Law Society of Ontario, not a paralegal. It is important to note that paralegals are not licensed/permitted to represent individuals charged with child pornography and other sex related offences.

Having a lawyer represent you ensures you are represented with the highest level of legal expertise. You also gain the benefits of the privacy protections guaranteed by attorney/client privilege. To see more about our lawyer, click here.

Call us today for a free case review
You need a lawyer who focuses on child porn related charges to defend your case. Child porn sentences (including for all guilty pleas) result in mandatory lengthy jail terms, sex offender registrations, and other employment, travel, and immigration related consequences that can ruin your life.

Winning acquittals and withdrawn charges often requires more than traditional defence methods. It may be possible to avoid a conviction by raising doubt in your case using highly sophisticated technological and constitutional defence strategies.




Are you a lawyer? If you are defending a child pornography related 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.

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