Toronto Child Pornography Lawyer

Access & Possess Child Pornography — Toronto Lawyer

Client:  M.H., Accused
Complainant:  Toronto Police Service Sex Crimes Unit, Child Exploitation Section
Charges:  access and possess child pornography

The Queen v. M.H.
Ontario Court of Justice, Toronto
Judge Cavion
(stayed: 2 April 2015)

Crown:   M. Brown, Office of the Crown Attorney, Toronto
Defence:  Craig Penney, Child Pornography and Computer Crimes Lawyer

¶ 1  CROWN:  Your Honour, the Crown in this matter is going to be entering a stay.

¶ 2  THE COURT:  No problem.

¶ 3  CROWN:  We do...

¶ 4  THE COURT:   That's their choice.

¶ 5  CROWN:   ... need — yes. We do need ...

¶ 6  THE COURT:  On all the charges?

¶ 7  CROWN:  Yes, on all the charges. And we do need an order in relation to the return of property signed ...

¶ 8  THE COURT:  What kind of order?

¶ 9  CROWN:   Under section 490. There were numerous items seized.

¶ 10  THE COURT:  Yes, I see that.

¶ 11  CROWN:  And Mr. ...

¶ 12  THE COURT:   So do you have an here written out?

¶ 13  CROWN:   Yeah.

¶ 14  MR PENNEY:  Yeah, there's two, two original copies before Your Honour now with the original 490(1) Order, Your Honour. And as well this is an Order under 490(9) on my application under 490(7).

¶ 15  THE COURT:  Where do I sign this? Thank you.

¶ 16  MR PENNEY:   And while Your Honour's doing that I received some CD-Roms and DVDs that pursuant to my undertaking I'm turning that over to my friend now.

¶ 17  THE COURT:   Now, your client understands of course that charges stayed really means that everything is frozen for a period of year.

¶ 18  MR PENNEY:   That's correct.

¶ 19  THE COURT:   They're not disappearing. They're basically just frozen solid and if, if anything happens, the Crown has a statutory right to revive things at the snap of a finger; that's how a stay works

¶ 20  MR PENNEY:   Yes.

¶ 21  THE COURT:   So if there is no problem for a year, it will disappear and there is no criminal record in any way. I'm returning you the ...

¶ 22  MR PENNEY:   ... two orders.

¶ 23  THE COURT:   ... the file and I signed stayed at the request of the Crown and that's that on those charges. Thank you very much, sir.

¶ 24  MR PENNEY:   Okay, thank you so much, Your Honour.