Child pornography charges carry some of the harshest penalties in the Criminal Code. If you’re aware of an investigation against you, pre-charge legal advice should be a priority. Julia Hunter and the Strategic Criminal Defence team in Victoria can help defend charges.

Our team is 100% focused on criminal defence, and we’ve represented hundreds of individuals across Greater Victoria since 2021:

  • 40+ combined years of criminal defence experience.
  • Winner of the Consumer Choice Award for Best Criminal Defence Firm in Victoria.
  • 75+ five-star Google reviews.
  • Featured on CBC News, CTV News, and Yahoo News.

We’re available 24/7 in urgent cases.

Accused of child pornography? What next?

What you do in the first hours and days of an investigation can shape the rest of your case:

  1. Say nothing to the police without a lawyer present. Do not try to explain the material or how it got there. Your words can become evidence against you.
  2. Do not delete files, wipe devices, or reinstall software. This can lead to a separate charge of obstructing justice on top of the original allegation. It rarely helps your case.
  3. Call a Victoria child pornography lawyer. An experienced lawyer can examine the evidence against you. This is your best chance of preventing serious consequences.

Speaking with a lawyer before you say anything to the police protects your rights and keeps your options open.

Contact us for a free, no-obligation consultation.

What is child sexual abuse material?

As of October 2025, the Criminal Code renamed child pornography to child sexual abuse and exploitation material (CSAEM). The underlying law under section 163.1 did not change. It covers visual, written, and audio material that depicts or describes a person under 18 in a sexual way.

There are several different offences, each with harsh penalties:

CHARGE WHAT IT MEANS MAXIMUM PENALTY MINIMUM PENALTY
Making (s. 163.1(2)) Creating, printing, or possessing the material for publication. 14 years (indictable only) 1 year
Distribution (s. 163.1(3)) Sharing, selling, transmitting, or advertising the material. 14 years (indictable only) 1 year
Possession (s. 163.1(4)) Having the material in your control. 10 years (indictable), or 2 years less a day (summary) 1 year (indictable), or 6 months (summary)
Accessing (s. 163.1(4.1)) Knowingly viewing or causing the material to be sent to you. 10 years (indictable), or 2 years less a day (summary) 1 year (indictable), or 6 months (summary)

Mandatory minimum jail sentences for these offences have changed more than once in recent years. As of September 2026, the above minimums apply.

Canadian law does not permit a discharge for any offence with a mandatory minimum sentence. Confirming your case early with a lawyer gives you the clearest picture of what you’re facing.

What are the long-term consequences of a conviction?

Long-term, the impact of a conviction can be devastating:

  • A permanent criminal record, which is not eligible for a record suspension in most cases.
  • Consequences for employment, professional licences, and travel due to background checks.
  • Possible registration on the National Sex Offender Registry (SOIRA).
  • Restrictions on internet use and being near places where children gather (section 161).
  • Immigration consequences for non-Canadian citizens, including possible removal from the country.
  • A mandatory DNA order.

These consequences follow you well past any jail time, which is why an early, thorough defence matters.

How can our Victoria child pornography lawyers help?

A lawyer from Strategic Criminal Defence can step in at any stage of the criminal process.

Explaining what happens during an investigation

In Victoria, the Capital Regional District ICE (Internet Child Exploitation) Team investigates these cases.

They usually work with the BC RCMP’s provincial ICE unit:

  • These units often track websites, where they watch exchanges for the sharing or uploading of child pornography.
  • The investigator will look for enough evidence to obtain a search warrant for your electronic devices.
  • The police may also start an investigation based on an informant’s report.

If the police gather enough evidence, they will often:

  • Turn up with a search warrant.
  • Arrest you.
  • Seize the electronic devices suspected of containing child pornography.

If you call us at this stage, we can often manage communications with the investigators. This can prevent you from saying or doing anything that worsens your position.

Arguing for your release

Officers decide whether to release you or hold you for a bail hearing. If held, the Vancouver Island Regional Correctional Centre in Saanich is the likely facility.

Our first task is usually to argue for your release on bail. We will represent you at the hearing at the Victoria Law Courts on Burdett Avenue.

Child pornography is a serious charge, but you may be released with some strict conditions, including:

  • Limits on internet and device use.
  • No contact with minors.
  • Regular reporting to a bail supervisor.

Building your defence

Julia Hunter previously worked inside the Crown Prosecution Service. She understands how the Crown builds cases and where opportunities lie to challenge the evidence.

We start by reviewing the Crown disclosure package, which contains the evidence against you, including:

  • The full digital forensic file.
  • Details of how investigators found, stored, and attributed the material to you.
  • The search warrant details.
  • Any digital forensic tools used to review your devices.

The Crown must prove you knowingly possessed, accessed, made, or distributed the material, not just that it was on a device connected to you.

Usually, we base your defence around one of the following arguments:

  • Lack of knowledge or control. Someone else had access to your device or network, or the material arrived without your knowledge.
  • Mistake about age. You took all reasonable steps to confirm the person was 18 or older (can be used for a making charge).
  • Legitimate purpose. The material relates to the administration of justice, science, medicine, education, or art, and poses no undue risk of harm.
  • Charter violations. An invalid search warrant for your devices can result in evidence being excluded.

Seeking alternatives to trial

Where the evidence supports it, we can seek pre-trial resolution options with the Crown. Examples include: 

  • Diversion. This requires approval from a senior Crown prosecutor in BC and is not available in every case.
  • A peace bond. You agree to conditions, such as staying away from certain places. The Crown withdraws the charges in exchange, resulting in no criminal record.
  • A resolution involving fewer or reduced charges. You plead to a smaller number of counts to prevent a mandatory minimum sentence.

If no resolution is possible, we prepare your case for trial in the Provincial Court of British Columbia.

Testimonials

Here’s what clients have said about us. Remember that past results do not guarantee future outcomes.

“An exceptional experience from start to finish.”

“Beyond her [Julia Hunter’s] skills, she showed a level of empathy and understanding that truly set her apart. I never felt like just another client—she treated my case with importance and respect. I’m incredibly grateful for her hard work and wouldn’t hesitate to recommend her to anyone looking for a knowledgeable, trustworthy, and compassionate lawyer.”

S.T.

“Brilliant, relentless, compassionate, and truly committed to justice”

“I can say without hesitation that her representation stood head and shoulders above any legal professional I have ever dealt with. If you are searching for a defence lawyer who is brilliant, relentless, compassionate, and truly committed to justice, Julia Hunter is that person.
My gratitude for her work and support cannot be put into words.”

C.D.

“A very positive experience”

“I had a very positive experience working with Julia L. Hunter. She was professional, responsive, and took the time to clearly explain each step of the process so I always understood what to expect. She handled my case with care and attention to detail, and I felt supported throughout a very stressful situation.”

M.H.

Frequently asked questions

Yes, you can be charged, but the Crown must prove that you had knowledge. If the material arrived without your knowledge, this is a central issue for your defence.

These cases often turn on who had access and when. A lawyer can help gather evidence about device use before it is lost or overwritten.

Yes. Accessing child pornography is knowingly causing the material to be viewed by or transmitted to yourself. It requires no download or file save. Browser cache or temporary Internet files can be enough.

Registration is no longer automatic. Following the Supreme Court’s 2022 decision in R. v. Ndhlovu, the court decides case by case. Registration remains common for child sexual abuse and exploitation material convictions. Assume it’s likely rather than count on being exempt.

Contact us for a free, no-obligation consultation.

Verified By:  Julia Hunter, Criminal Defence Lawyer

Last Modified: September 14, 2026

Julia Hunter is a senior criminal defence lawyer at Strategic Criminal Defence in Victoria, BC. She has appeared at every level of court in British Columbia and has defended clients on assault, impaired driving, theft, break and enter, and sexual offence charges. Before moving to defence work, she trained with the Alberta Crown Prosecution Service and the Specialized Prosecutions Branch, giving her direct insight into how the Crown builds its case. Julia holds a Law Degree with Honours from Queen’s University Belfast.