Facing a child pornography charge in Toronto is one of the most serious situations a person can go through. The threat of harsh penalties is one aspect of it. The social stigma is another.
Strategic Criminal Defence can bring experience and a strong track record to your case:
- Over 120 five-star Google reviews.
- More than 1,000 criminal cases handled.
- 25 years of combined service in criminal defence.
- A team of lawyers led by Dylan Finlay, available 24/7.
With a child pornography accusation, it’s important to speak to a lawyer before talking to the police or anyone else about your case.
What should you do right now if you’re accused?
Take these steps first if you’ve been accused of child pornography:
- Say nothing to the police beyond identifying yourself. You have the right to stay silent. Anything you say can be used against you.
- Ask for a lawyer right away. You have the right to a lawyer if you’re arrested and charged with an offence.
- Do not delete, alter, or destroy anything on any device. This won’t help. In fact, it is a separate criminal offence, and it almost always makes your situation worse.
- Do not discuss your case with anyone except your lawyer. This includes family or on social media, since this can be used against you later.
It can be tempting to try to defend yourself to the investigators. It’s best to save your breath for the discussion you have with your lawyer.
Contact us for a free, no-obligation consultation.
What is a child pornography offence?
Child pornography charges fall under section 163.1 of the Criminal Code. Canadian law recently shifted from the term child pornography to child sexual abuse and exploitation material (CSAEM). But child pornography is still the term used most widely.
Materials considered child pornography include photos, videos, writings, or audio that:
- Show or describe sexual acts involving people under 18.
- Focus on the sexual body parts of a person under 18 for a sexual purpose.
- Depict sexual acts by imaginary children.
Here’s a breakdown of the various child pornography offences and their maximum penalties.
| TYPE OF OFFENCE | WHAT IT MEANS | MAXIMUM PENALTY | MANDATORY MINIMUM |
|---|---|---|---|
| Possession s. 163.1(4) | Knowingly having this material under your control, whether on a device, in the cloud, or in a shared folder. | 10 years, or 2 years less a day on summary conviction | 1 year (indictable) 6 months (summary) |
| Accessing s. 163.1(4.1) | Intentionally seeking out or viewing this material online, even without saving or downloading it. | 10 years, or 2 years less a day on summary conviction | 1 year (indictable) 6 months (summary) |
| Distribution s. 163.1(3) | Transmitting, making available, selling, or advertising this material, including sharing a link. | 14 years (indictable only) | 1 year |
| Making s. 163.1(2) | Creating, recording, or possessing this material for the purpose of publication. | 14 years (indictable only) | 1 year |
With hybrid offences, such as possession and accessing, the Crown prosecution can choose whether to proceed summarily (for less serious offences) or by indictment. If you have a clean criminal record and the offence is relatively minor, a summary charge is more likely.
What happens during an investigation?
Investigations into CSAEM offences often start with a tip to police or the national tip line.
In Ontario, the Internet Child Exploitation (ICE) unit may investigate by monitoring certain sites. They look for the sharing or uploading of child pornography. The investigator will try to gather evidence, which can be used to secure a search warrant for devices.
If you are arrested and not released, you will usually be held at:
- The Toronto South Detention Centre (men).
- The Vanier Centre for Women in Milton (women).
You will need to attend a bail hearing at the Toronto Regional Bail Centre on Finch Avenue West. Bail conditions in these cases are often strict. They may include limits on internet and device use, no contact with minors, and the standard requirements to keep the peace and report to a bail supervisor.
Representation from one of our lawyers means you’ll have someone working on your side at the hearing. We will work to minimize the restrictions you face.
Where is your case heard in Toronto?
Most child pornography cases start at the Ontario Court of Justice on Armoury Street. However, these charges are often prosecuted as indictable offences. This gives you the option of a trial by judge and jury at the Superior Court of Justice on University Avenue.
What happens if you’re convicted?
A conviction can carry years in prison. It can also bring:
- Mandatory sex offender registration (SOIRA).
- A DNA order.
- Restriction on places you can attend.
- A weapons prohibition.
- Problems when travelling, especially to the United States.
- Serious immigration problems if you are not a Canadian citizen.
Are there mandatory minimum penalties for CSAEM offences?
The law has changed fast. In October 2025, the Supreme Court of Canada struck down the mandatory one-year minimum sentence for possession and access offences. In June 2026, Parliament passed Bill C-16, the Protecting Victims Act, which restored mandatory minimum sentences for these offences. Check with your lawyer how this could affect you.
How can a Strategic Criminal Defence lawyer help you?
If we’re involved before charges are formally laid, pre-charge legal advice can be instrumental in making sure you don’t say or do anything that damages your legal position. We can handle communication with investigators and law enforcement on your behalf.
We carefully review how your devices were searched and whether the warrant was followed properly. We also review the digital evidence itself, since these cases often depend on exactly what the Crown can prove you knew and controlled.
Once you’re charged and released, we will review the Crown’s evidence in the disclosure package. Based on this, we will begin building your defence. When needed, expert witnesses, such as digital forensic specialists, can analyze devices.
How can we defend a child pornography charge?
Whatever the specific charge, a child pornography lawyer often tries to prove that you weren’t connected to the illegal content or that the police didn’t handle your arrest and charge properly. Common defences to CSAEM charges include:
- Lack of knowledge or control. You did not know the material was on a shared device or that someone else had access without your knowledge.
- Mistake about age. You took all reasonable steps to confirm someone’s age and were honestly mistaken.
- A Charter breach. If digital evidence obtained under a warrant was too broad, or police searched beyond what the warrant allowed, the evidence may be excluded.
- A legitimate purpose. The law includes a narrow defence tied to law enforcement, science, medicine, education, or art, where there is no risk of harm to a person under 18.
These cases often turn on how the evidence was gathered and what the Crown can actually prove.
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