Exceptions and variations to release conditions restricting access to the internet and children under age 16 in Canadian child pornography cases

How to get exceptions to use the internet, possess a cell phone and more after being charged with child porn.

Prior to being charged with child pornography, most people have no idea they can be legally banned from accessing the internet or even possessing devices capable of doing so. In today’s world it is almost inconceivable that someone would not be allowed to have a cell phone or computer. This is the reality however for most people charged with child porn offences in Canada, albeit to differing degrees.

Since child pornography cases are classified as sexual violence against children offences the accused will normally be held for a bail hearing or released from the police station on very strict conditions. The conditions of release will be printed on either the Undertaking (CC Form 10) or Release Order (CC Form 11) provided to them at the police station or the court.

Common conditions of release in Canadian child pornography cases include:

1. No direct or indirect contact with alleged victims, witnesses, and co-accused;
2. Not to attend at any park, school, swimming area, or place where children under the age are 16 are present;
3. Not to possess any device capable of accessing the internet (computer, cell phone, etc.);
4. Not to access the internet, social media, dating sites, etc.;
5. Curfews, house arrest, and other conditions of mobility;
6. Not to send text messages, emails or other forms of electronic communications.

Depending on which police force lays the charges the most common Undertaking or Release Order conditions can vary throughout Ontario

Sometimes people will be given an exception for work, religious, medical, or other personal reasons right from the start. In other cases, the accused’s lawyer will have to ask the Crown and the court to consent to add an exception for some forms of internet usage or contact with those underage. It can take many months to get release conditions varied and therefore it is imperative to try everything possible to have exceptions built in right from the beginning.

Anyone who is investigated for, charged with, or have their devices seized by the police looking for child pornography should hire a lawyer immediately. If the police are asking the person to surrender or attend at the police station, their lawyer should be communicating with them on their behalf. It may be possible to add exceptions allowing for some computer, cell phone, or internet usage before the case goes to court.

If the accused is held for bail, their lawyer can talk to the Crown and try to get them to consent to allow internet or phone use.

Even if the Crown does not consent, the conditions of release are up to the Justice of the Peace or Judge sitting in the bail court. It is important to have a lawyer advocate and provide reasons as to why you should have some leniency for internet access. Getting an exception after the initial bail hearing is sometimes a lengthy process. It is much better not to have to go through this by getting it right from the start (if possible).

The defence lawyer must demonstrate to the court that it would not be a risk to public safety to allow the accused to use the internet or possess a cell phone for certain purposes. Sometimes software may be installed to limit internet usage, or they may only be allowed to use the internet under the supervision of a third party (their surety, parents, etc.)

How a lawyer can get child porn release conditions varied after arrest.

Sometimes if the accused has hired a lawyer to represent them at the bail stage their lawyer may be able to advocate to the court for release conditions allowing internet access. The accused’s lawyer must demonstrate that:

1. It is possible to supervise the accused’s release such that his access to the internet does not endanger children;


2. The accused’s life circumstances dictate that he requires access to the internet and/or a cell phone to earn a living, for medical reasons, or that restricting it would otherwise be inappropriate in the circumstances.

Work related exceptions

The most commonly used justification for allowing an exception for cell phone and internet use is that the accused needs to access the internet for work. The more their lawyer can convince the court that accessing the internet for work is required to maintain employment the more likely an exception will be granted. Factors such as who will be in the presence of the accused while accessing the internet are considered.

The Crown may oppose this exception and argue that the accused will likely reoffend if any internet access is granted. The court may be more likely to side with the Crown in cases where the accused is alleged to have committed the offences while working (on the job). This risk can be mitigated however if proper supervisions are put in place.

Family and personal exemptions

Accused in child pornography cases may have children or step children, brothers or sisters, or other relatives they live with or see regularly. Since the accused is now alleged to be a child sex offender conditions of release often include clauses to stay away from children under age 16 or 18. It is helpful to have a lawyer right from the start who is able to advocate for exceptions to allow access to your own children or other close relatives.

Similar to electronic device and internet restrictions the court will want to ensure that the accused’s access to children is supervised or done so in a way that does not pose a risk to the safety of the public.


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You need lawyers who understand technology and have experience defending child pornography charges. Sentences (including for all guilty pleas) can result in lengthy jail terms, and 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 Charter constitutional defence strategies.





Are you a lawyer? If you are defending a revenge 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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