Child Pornography — Toronto Criminal Defence

Client:  K.F., Accused
Complainant:  Toronto Police Service, Sex Crimes Unit — Child Exploitation Section
Charges:  possess, access, and import child pornography
Background:  The police alleged that K.F. had purchased access to a U.S. website that distributed child pornography. After his arrest, he made statements to the police en route to the police station. Both K.F. and the police believed his statement to be incriminating, as it appeared that he had admitted all the essential elements of these serious child-pornography offences. My immediate priority was to refer K.F. to a counsellor for therapeutic support. As well, sometimes the Crown will consider a counsellor's report. K.F. wanted the charges dismissed or withdrawn.
Withdrawn:  Disclosure took months. I assessed the Crown's case as weak for three reasons: first, nothing illegal was found on K.F.'s computer; secondly, it wasn't clear that K.F. admitted to anything criminal; and, thirdly, there was a decent chance I could get the statement excluded. Upon raising these issues in pre-trial discussions, the Crown agreed to withdraw all charges if K.F. completed ten sessions of therapy. K.F. readily agreed. Almost eight months after K.F.'s life was thrown into turmoil, the charges were withdrawn.