Dwayne's Case — Possess Child Porn — Disclosure Motion

Client:  Dwayne, Accused
Complainant:  Toronto Police Service
Charge:  Possess, Distribute, and Make Child Pornography

Background:  The police raided Dwayne's home. They seized about 600 videos. They alleged that 35 of these contained child pornography. Dwayne was charged with possessing, making, and distributing child pornography.

Goals:  Our main objective was clear: to get copies of the videos to prepare our defence at our own time and in the privacy of my office.

Strategy:  Through the disclosure process, we requested from the Crown copies of the 35 videos. We also requested that the Crown pay for the cost of the copying (about $9000). The Crown refused. I had to bring a Motion before a Judge to force the Crown to provide the videos.

Results:  The Judge ruled that the Crown had to provide the videos and to pay for them. Being a significant case concerning both the manner of disclosure (copies to be provided) and who bears the costs (the Crown does), the decision was reported in the Law Society of Upper Canada's Ontario Reports, the Canadian Rights Reporter, and the Canadian Criminal Cases.

READ THE JUDGE'S REASONS FOR ORDERING DISCLOSURE
READ THE LAWYERS WEEKLY ARTICLE REGARDING THIS CASE
READ DWAYNE'S TESTIMONIAL

Post-Script:  Dwayne later plead guilty to possessing child pornography. At the sentencing hearing, we did not admit to distributing or making child pornography. The Crown agreed that Dwayne should not go to jail. We jointly submitted that Dwayne should receive a 12-month conditional sentence with no house arrest. The Judge agreed.