Criminal Law on Child Sexual Abuse

• Author: Loree Armstrong Beniuk, Jo-Anne Hughes, and Jack Reynolds
• Pages: 99-105

99

Criminal Law on Child Sexual Abuse

In R. v. Weir (), the court considered whether possession of data in a com-

puter that contained images of child pornography was sucient to sustain a con-

viction for possession of child pornography. Although in this case there was ample

evidence to support the conclusion that the accused had actually viewed the les

containing the images, in R. v. Daniels () it was held that to be in possession

does not require proof that the accused has actually viewed the images or that they

appeared on his computer screen. It is sucient that the accused have knowledge of

the nature of the materials, intend or consent to have possession of them, and have

the necessary control over the material to be able to view the images. Although in

this case he had not viewed the images, the accused had paid a subscription fee

entitling him to access a computer “bulletin board”from which he downloaded les

which included pornographic material.

— Anna Maleszyk, Crimes Against Children

Child sexual abuse of‌fences are outlined in the Criminal Code of Canada.1

Dif‌ferent types and categories of of‌fence are listed, along with details

of the associated legal punishment for commiing them.

The justice system’s approach to an alleged of‌fence, and the results

should the alleged abuser be found guilty, depends largely on whether

the of‌fence is categorized as a summary conviction of‌fence or indictable

of‌fence.

The Criminal Code categorizes sexual of‌fences as follows:

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