Andy's Case — Possess Child Porn — Disclosure Motion

Client:  Andy, Accused
Complainant:  Durham Regional Police Service
Charges:  Possession (2x) and Distribution (2x) of Child Pornography

Background:  According to the police in Germany, Andy's computer was being used to distribute child pornography via the internet. As a result of their tip, the local police in Oshawa raided his home. They seized computers and related equipment. The police alleged that Andy was found in possession of thousands of child pornography images. He was charged with possession and distribution of child pornography.

Goals:  Andy and I shared the same goal: to get a copy of the seized images to prepare our defence.

Strategy:  The Crown refused to provide me with copies of the seized images. They wanted me to prepare my defence at the police station. I absolutely refused. My defence is prepared at my office. My clients and I need to feel 100% secure about working and talking together in confidence and with privacy. I had to bring a "disclosure motion" to force the Crown to provide us with a copy of these images.

Results:  The Judge, relying upon a case I had argued a few years earlier, ordered the Crown to comply with my request.

READ THE JUDGE'S REASONS FOR ORDERING DISCLOSURE

Post-Script:  Months later, Andy plead guilty to possession of child pornography. He did not admit to distributing child pornography. The Judge gave him 9 months in jail. He appealed. On appeal, he received a conditional sentence with house arrest (essentially, a jail sentence that is served in the community).