If you’ve been accused of making, distributing, possessing, or accessing child pornography in Calgary, you face severe sentences under Section 163.1 of the Criminal Code.

The senior criminal defence lawyers at Strategic Criminal Defence, like Michael Oykhman, Rebecca Snukal, and Joseph Beller routinely support clients with these charges. We will build a vigorous defence aimed at reducing or dismissing charges, often challenging the forensic validity of evidence or police protocols.

Over the past two decades, our team has:

  • Earned over 700 5-star Google reviews.
  • Defended over 10,000 cases across Canada.
  • Received Three Best Rated® recognition for eight consecutive years.
  • Won the Consumer Choice award twice (2025 and 2026).
  • Earned BBB A+ Rating.

What to do next if you’re accused of a child pornography offence

  1. Remain silent: Exercise your Constitutional right (Section 7) to remain silent.
  2. Do not provide passwords: You do not need to give password information to the police.
  3. Document everything: Record the names of the officers and the time of the seizure.
  4. Call a lawyer: Immediately contact a Strategic Criminal Defence lawyer, as is your Section 10(b) right.

Contact us for a free, no-obligation consultation.

What is a child pornography charge?

Child pornography covers any visual representations that show a person who is under the age of 18 years old engaged in explicit sexual activity. This can include:

  • Photographs.
  • Film.
  • Video footage.
  • Drawings/cartoons/artwork.
  • Certain written material.

The definition also includes people who are not under 18 years old but are depicted as being so.

The widespread availability of online pornography means that some individuals venture into criminal behaviour without realizing they are doing anything wrong, particularly with the charge of accessing child pornography.

We will work to defend you, however the charge came about.

What is Child Sexual Abuse and Exploitation Material?

Under Bill C-291, the Criminal Code has officially replaced the term ‘child pornography’ with ‘Child Sexual Abuse and Exploitation Material’ (CSAEM).

This change reflects prosecutors focusing more on the real-world harm that digital files cause to children.

Our lawyers must prove that you weren’t actually ‘connected’ to the illegal content. For example, by showing that you never intentionally clicked on, saved, or interacted with the data.

Your Strategic Criminal Defence lawyer will explain what your charges mean and how to challenge them.

What’s the difference between possessing, accessing, distributing, and making child pornography?

The distinction between possessing and accessing CSAEM is a key point of confusion for defendants:

  • Possession (s. 163.1(4)): Focuses on ‘knowledge and control’ of a file stored locally, e.g., images or videos saved to a hard drive, USB stick, or a specific folder in a cloud-syncing service (like iCloud or Google Drive).
  • Accessing (s. 163.1(4.1)): Specifically targets the act of viewing or streaming material without necessarily saving it.
  • Distribution/selling (s. 163.1(3)): Includes the active sharing, importing, or advertising of material.
  • Making/production (s. 163.1(2)): Includes the printing or publishing of material, or possessing for the purpose of publication.

Examples of CSAEM charges

Here are some real-life situations that lead to child pornography charges:

  • A person visits websites that feature child pornography and views the content on purpose without downloading it.
    • Charge: Accessing child pornography (they knew they were looking at illegal material).
  • Someone possesses but doesn’t share images or videos of minors having sex.
    • Charge: Possession of child pornography (if downloaded to their computer or phone).
  • Someone takes pictures of a person under 18 in sexual poses or doing sexual things,
    • Charge: Making child pornography (even if they did not intend to share the pictures).
  • A person uses file-sharing software that lets other people view child pornography on their computer.
    • Charge: Distribution of child pornography (even if the person didn’t actively send files to specific people).

What are the consequences of a child pornography conviction in Calgary?

Child pornography offences are considered ‘hybrid’ crimes in Canada, and can be prosecuted summarily (less serious) or by indictment (more serious).

The immediate penalties for the four types of offences are summarized in the following table but the longer-term consequences can impact the rest of your life:

CHARGE TYPE PROSECUTION METHOD MINIMUM SENTENCE MAXIMUM SENTENCE
Possession (s. 163.1(4)) Indictment No Minimum* 10 Years
Possession (s. 163.1(4)) Summary No Minimum* 2 Years less a day
Accessing (s. 163.1(4.1)) Indictment No Minimum* 10 Years
Accessing (s. 163.1(4.1)) Summary No Minimum* 2 Years less a day
Distribution / Selling (s. 163.1(3)) Indictment 1 Year 14 Years
Making / Production (s. 163.1(2)) Indictment 1 Year 14 Years

Are there mandatory sentences for child pornography?

The maximum sentences are fixed. However, the Supreme Court of Canada’s 2025 ruling in Quebec (Attorney General) v. Senneville, 2025 SCC 33 struck down the one-year mandatory minimum for possession and accessing as unconstitutional, restoring significant discretion to judges.

The possible mandatory minimum sentences for distribution and making child pornography remain in place.

Incarceration and fines are just the beginning for a child pornography conviction in Canada, but they are consequences we will aim to prevent by defending the charge.

What are the long-term consequences?

A conviction for a child pornography offence triggers several automatic or high-probability life changes that can be more restrictive than the sentence itself:

  • National Sex Offender Registry registration: Under the Sex Offender Information Registration Act (SOIRA), you must report in person every year to the Calgary Police Service for 10 years to life.
  • Section 161 prohibition orders: A judge can legally bar you from attending public parks, swimming areas, community centres, or any location where children are likely to be present, and may restrict you from accessing the internet.
  • DNA orders: Under Section 487.051 of the Criminal Code, you will be required to provide a biological sample for permanent storage in the National DNA Data Bank.
  • Weapons prohibitions: Under Section 109, an indictment results in a mandatory ban on owning or possessing any firearms, crossbows, or ammunition, typically for 10 years for a first offence.
  • Family Court and CFS involvement: A conviction is a primary factor in Child and Family Services (CFS) investigations, often leading to custody or access issues.

How does a criminal record impact your future?

Beyond the immediate jail time and registry requirements, a conviction under Section 163.1 of the Criminal Code carries other devastating consequences in Alberta:

CONSEQUENCE CATEGORY IMPACT ON LIFE IN CALGARY LEGAL/ADMINISTRATIVE BASIS
Employment & Volunteering Permanent ineligibility for any role involving children or seniors; effectively ends careers in education, healthcare, and social work. Vulnerable Sector Check (VSC) failure.
Housing & Privacy Immediate denial of rental applications; probation terms often include warrantless searches of all electronic devices. Alberta Residential Tenancy screenings and specialized probation conditions.
International Mobility Permanent inadmissibility to the United States and several other countries; requires costly, temporary travel waivers. Classified as a 'Crime Involving Moral Turpitude' by U.S. Customs.
Immigration Status High risk of deportation and permanent loss of status for non-citizens or permanent residents in Canada. Classified as 'Serious Criminality' under the Immigration and Refugee Protection Act.

For more information on sentencing, check our Criminal Sentencing Calgary page.

How will we secure your release on child pornography charges?

A highly coordinated provincial crackdown has resulted in a surge in the number of child exploitation investigations and cases currently moving through the Calgary court system.

The police usually act on tips from the public or internet service providers and secure search warrants.

People charged with child pornography offences are often unaware that they are being investigated until officers from ALERT’s Internet Child Exploitation (ICE) Unit show up and seize the following items:

  • Computers.
  • Phones.
  • Tablets.
  • External hard drives.
  • Other storage devices.

Unless you contact us during the investigation for pre-charge legal advice, our first role as your criminal defence lawyer will be to help secure your release.

If you’ve been arrested and charged with child pornography, you will be taken to the Arrest Processing Unit (APU) at the Spyhill Services Centre (12500 85 Street NW, Calgary).

At the APU, you will be held initially for up to 24 hours. We will represent you at your bail hearing, usually by secure video link before a Justice at the Calgary Courts Centre (601 5 St SW). We will argue for your release under the least-stringent conditions possible.

What bail conditions can you expect?

If you get out on bail while you await your trial, the rules will be very strict and may include: 

  • A ban on internet access and devices that can connect to the internet, such as computers, smartphones, gaming consoles, and smart TVs, or supervised internet use for work only.
  • A restriction on talking to anyone under 18 years old, including a ban on visiting places like schools or playgrounds, or places of work with kids.
  • Surrendering your passport to prevent international travel.
  • Surrendering of any electronic devices not already seized during the investigation.
  • The requirement to report to the police or a bail supervisor up to several times a week.
  • The requirement to live in a certain location and follow curfews, or remain at home.
  • The possible need to wear a GPS-tracking device.
  • The requirement to attend therapy or counselling in the community.

If you break any of your bail conditions, you could go back to jail to await trial on both the original charge and a new bail violation charge.

For more information, visit our page on The Bail Hearing Process in Calgary.

What will the Crown need to prove for a child pornography conviction?

Regardless of the specific charge under Section 163.1, the Crown must prove two distinct elements beyond a reasonable doubt:

  1. The Actus Reus (the physical act).
  2. The Mens Rea (the mental intent).

Investigations focus heavily on digital footprints to prove both aspects of the charge. There is often a huge amount of data evidence to examine. Forensic teams use special software to scan the accused’s devices, looking for:

  • Deleted files, such as pictures and videos of child pornography.
  • Browsing history.
  • Digital fingerprints that show when and how files were accessed or shared.

This table explains the burden of proof in more detail:

OFFENCE PROHIBITED ACT (ACTUS REUS) MENTAL INTENT (MENS REA) KEY FORENSIC EVIDENCE REQUIRED
Possession Personal or 'constructive' control over a file (stored on a hard drive, cloud, or USB). Knowledge and control: You knew the file was there and had the power to delete or move it. Recovered files with matching Hash Values; evidence of manual filing/renaming.
Accessing Intentionally viewing, streaming, or causing material to be transmitted to your screen. Deliberate access: A conscious choice to seek out or click a link leading to the material. ISP Logs, browser history, bookmarks, and router traffic showing specific URLs visited.
Distribution Transmitting, selling, advertising, or 'making available' (e.g., via P2P file sharing). Facilitation: Knowledge that the material was being shared or made available to others. Upload logs, sent email attachments, or BitTorrent "seeding" status on a seized device.
Making/Production Creating, filming, photographing, or possessing for the purpose of publication. Creation/Purpose: Intent to produce the material or prepare it for a wider audience. Original metadata (EXIF data) matching the accused's camera/phone; editing software logs.

How our lawyers challenge CSAEM charges

Your Strategic Criminal Defence lawyer will be highly focused on limiting the consequences of the child pornography charge for your future.

We will listen to your version of events, start building a defence, and guide you through the legal processes from the start to the end of the case.

What is the first appearance and disclosure?

At your first court date after the bail hearing, we will request the Crown disclosure package, which usually includes:

  • Police reports and notes.
  • All forensic digital reports.
  • Witness statements.
  • Search warrant details.

Reviewing this package is your Constitutional right under Section 7 of the Canadian Charter of Rights and Freedoms.

In cases involving digital evidence, we seek the technical data that allows our independent experts to verify the origin and nature of the files in question.

Our lawyers will refer to a comprehensive digital forensic defence checklist when reviewing the Crown’s disclosure package, including:

  • Chain of custody and device integrity.
  • Metadata and user attribution (the ‘who’ vs ‘what’).
  • Automated processes and cloud syncing.
  • Audit of IP address actions by law enforcement.

If we identify any missing materials that could be favourable to your case, we will request them under the Stinchcombe Rule, which essentially says that the ‘fruits of the investigation’ belong to the public, not the Crown.

How will we build your defence?

Your Strategic Criminal Defence lawyer will consider the facts and circumstances of the case and the Crown’s evidence against you. We have vast experience in defence strategies designed to reduce the impact of the charges against you.

Here are the primary defence strategies available for child pornography charges:

DEFENCE CATEGORY LEGAL BASIS STRATEGY & 2026 CONTEXT BEST APPLIED TO
Lack of Knowledge / Control Mens Rea (Intent) Proving the accused was unaware of the files. Often involves shared devices (with roommates, guests, or tenants), malware, or 'orphan files' in browser caches. Possession, Accessing
The 'Auto-Upload' Challenge Technological Negligence Challenging intent by proving files were automatically synced to a cloud drive (iCloud/Google Drive) without the user's manual interaction. Possession
User Attribution Defence Identity Dispute Using digital forensics to show that an IP address does not equal a person. Proves someone else (roommate, guest, hacker) used the device. Accessing, Distribution
Section 8 Charter Challenge Search & Seizure Arguing the police warrant was invalid, overbroad, or that 'IP Sniffing' occurred without prior judicial authorization (R. v. Bykovets). All Offences
Section 163.1(6) Exemptions Public Interest Proving the material has a legitimate purpose related to science, medicine, education, art, or the administration of justice. Making, Possession
The 'P2P Trap' Defence Technical Integrity Challenging the accuracy of ICE Unit software. Proving the 'sharing' was a default software setting, not a deliberate act of distribution. Distribution
Innocent Possession Common Law Proving you possessed the material solely for the purpose of destroying it or turning it over to the Calgary Police. Possession
De Minimis / Proportionality Senneville (2025) While not a 'not guilty' defence, this 2025 ruling allows for non-custodial sentences if the offence was an 'accidental' or 'low-harm' one-time event. Sentencing Phase

Did you experience a privacy breach?

Following the 2024 and 2025 Supreme Court clarifications, police in Calgary generally cannot obtain your IP address from a third party without a warrant.

If the ICE Unit gathered your ‘digital footprint’ without a production order, your lawyer can move to exclude all resulting evidence under Section 24(2) of the Charter.

How can a forensic computer examiner help?

Hiring an independent digital forensic expert to create a system image of seized devices is often a key defence strategy in child pornography cases.

Your lawyer may also use device-imaging services at local Calgary private labs to ensure a mirror image is preserved for the defence.

We can often find metadata in these system images, such as timestamps showing you were at work when a file was accessed. This proves that someone else used your device to commit the crime, which the police may have overlooked in their initial report.

What could a longer lookback window mean?

If you are under investigation for a child pornography offence in Calgary, proposed new federal laws could affect you.

Under the proposed legislation (Bill C-22, the Lawful Access Act (2026)), the government can force Internet Service Providers (ISPs) to preserve metadata and transmission data for one year (up from 21 days)

The ICE Unit will be able to access a longer ‘look-back’ window of your internet history than was possible in legacy cases.

How can IP address privacy help you?

The ICE Unit has increased the use of Peer-to-Peer (P2P) trap software in recent years. Following the R. v. Bykovets case ruling, an IP address attracts a reasonable expectation of privacy, requiring a warrant.

The Calgary Police Service can no longer obtain your IP address from third-party payment processors or websites without a formal search warrant.

If evidence is gathered via informal IP requests, we can launch a Section 8 Charter challenge, potentially leading to the exclusion of digital evidence.

Successful child pornography cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 55592526

Our client was charged with one count of Accessing Child Pornography and one count of Possession of Child Pornography after police executed a search warrant on his residence and electronic devices. He gave a full confession to the police. The prosecutor had a strong case and she knew it. She initially wanted a guilty plea to both charges and 18 months of jail time.

Upon being retained, we immediately ordered and reviewed disclosure. We instructed our client to obtain counselling and assisted him in those arrangements. Our client suffered from serious mental illness throughout his life and had a troubled upbringing. He did not want to fight the charges and wanted to accept responsibility for his actions. We raised all this with the Crown Prosecutor and based on those discussions, the Crown withdrew the charge of Accessing Child Pornography in exchange for a guilty plea to Possessing Child Pornography. As a result, our client received only 12 months of jail and a probationary sentence.

Successful Result: Charge Withdrawn; 12 Months Jail and Probation

Case Number: 35380218

Our client participated in online forums, where he wrote stories of sexual fantasies and shared them on the internet. Some of these stories contained sexual interactions between himself and minors. When he was anonymously reported for these stories, the police opened an investigation. There was no evidence of actual sexual contact, but the stories themselves still constituted a charge of Possession of Child Pornography. Our client was arrested and faced a lengthy prison sentence if convicted.

Upon being retained, we ordered disclosure and reviewed the investigation into our client. This charge previously carried a mandatory minimum sentence of 6 months, whether it was dealt with as a summary offence or an indictable offence. The minimum sentence was struck down at the indictable level prior to our client being charged. While we were confident in our ability to have it struck at a summary level, we instead strategically elected to proceed at the indictable level and were successful in arguing for a sentence of 90 days of intermittent imprisonment.

Successful Result: Reduction in Jail Time Below the Mandatory Minimum

Case Number: 55672380

Our client was arrested after the police executed a warrant to search his residence and seized several electronic devices. Our client was facing a significant set of charges, including making, possessing, and accessing child pornography, four counts of luring, procuring a young person, and invitation to sexual touching, all occurring over the course of many years. Our client was facing a minimum of 13 years imprisonment if he was convicted of all these offences. The charge of procuring alone carried a minimum sentence of 5 years imprisonment.

Upon being retained, we ordered and reviewed disclosure. With our client’s instructions to resolve his matters, we began extensive negotiations with the Crown Prosecutor on the file. We successfully argued for a significant reduction of charges and a jail sentence of only 3 years.

Successful Result: Reduction in Number of Charges, Reduced Jail Sentence

Testimonials

“I was facing some of the most serious and sensitive charges a person can face. I was terrified of the social stigma and the prison time. Michael Oykhman and his team were incredibly discrete and professional. They didn’t judge me; they just focused on the law and the technical evidence. Because of their hard work, the charges were eventually withdrawn, and I was able to keep my life private.”

A.B.

“I was facing a very sensitive legal matter that could have ruined my reputation. The team was incredibly discreet and professional. They managed to negotiate with the prosecutor behind the scenes, and the charges were eventually dropped without any media or public attention.”

A.L.

“Michael and his team are masters of discreet negotiation. They understood the stakes for my family and career. They worked tirelessly to reach a resolution that kept my name out of the papers and resulted in a stay of proceedings.”

M.V.

“They handled my case with the utmost privacy. The lawyers were able to point out the weaknesses in the case to the Crown during early negotiations, which led to a withdrawal before it even reached the preliminary hearing stage.”

T.S.

“The firm doesn’t just take the police report at face value. They did their own forensic analysis of the digital evidence and found that the search warrant was executed improperly. Their technical knowledge is what saved my case.”

D.W.

“They used advanced forensic tools to reconstruct the timeline of events. By showing the technical impossibilities in the Crown’s theory, they were able to get the most serious charges dismissed.”

S.C.

Dedicated child pornography lawyers at Strategic Criminal Defence

The team of lawyers at Strategic Criminal Defence in Calgary all provide child pornography defence services. View our lawyer page to learn more about our lawyers and their focus areas.

FAQs

The prosecution must show that you knowingly had or accessed child porn. You might have a defence if someone else used your computer, you bought a used one with hidden files, or a virus downloaded files without you knowing. You will need strong proof, though, to back up your claim.

Digital forensic experts can look at your devices to find out when files were made, if they were ever opened, and if there are signs that someone else used your computer. The court will look at where the files were stored, whether they were password-protected, and whether there is a pattern of similar downloads.

Under the Sex Offender Information Registration Act (SOIRA), a conviction for a child pornography offence carries a mandatory requirement to register with the National Sex Offender Registry. The duration of this registration is strictly defined by the nature of the charge: 10 years for summary or less serious offences, 20 years for more serious indictable offences, and life for repeat offenders or those facing life-maximum charges.

A search warrant is valid in Alberta if it is issued by a judge based on reasonable and probable grounds outlined in a sworn ‘information to obtain’ (ITO). It must specifically authorize digital device seizures and comply with R. v. Bykovets regarding IP address privacy. Calgary lawyers frequently quash evidence under Section 8 Charter rights if the police exceeded the scope of the ITO during device seizures.

Yes, sexually explicit drawings of children, real or not, are considered child pornography. There is no ‘victim’ but sentences can still be harsh.

If you’re charged, a Calgary child pornography lawyer from Strategic Criminal Defence will:

  • Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the CSAEM charge.
  • Gather key evidence, such as forensic digital evidence, witnesses, and digital experts, to support the defence argument.
  • Guide you through the complexities of the judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences.
  • Prepare for trial, if necessary, building a strong case to present to the judge/jury and questioning witnesses.

From our Calgary base, the Strategic Criminal Defence team protects your Charter rights during police investigations, bail hearings, and high-stakes criminal trials.

Over the past two decades, our lawyers have developed a strong understanding of how local courts approach child pornography cases. We will use this experience to protect your future.

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 7, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410