Isaac's Case — Child Pornography — Police Report

Client:  Isaac, Accused
Complainant:  Toronto Police Service
Charges:  Possess and Distribute Child Pornography

Police Report:  Detective Constable K*** of the Toronto Police Service is presently assigned to the Child Exploitation Section of the Sex Crimes Unit. His duties include investigations into the manufacturing, distribution, sale, importation, and possession of child pornography, as well as investigations relating to other sexual offences involving the Internet in the City of Toronto. Part of his regular duties is to work online in an undercover capacity and monitor areas of the Internet where persons are known to discuss the sexual exploitation of children and trade images of child pornography.

On Tuesday, August 3rd, 2004, Detective K***, was at his place of work at Toronto Police Headquarters, 40 College Street, third floor, Toronto. At 13:31:32 hours (EDT), Detective Constable K*** accessed the IRC [internet relay chat] working in an undercover capacity. Detective Constable K*** joined the IRC channel entitled #100%PreTeenGirlSex**. Detective Constable K*** knows this to be an IRC channel where people trade Child Pornography images. While in this channel, an unknown person using the nickname "barneytrubbl" entered several child pornography f-servers. They entered the following trigger commands to connect with the f-servers:  momFt**, kidsheav**, and preteen**.

At 13:41:44 hours (EDT), Detective Constable K*** initiated a chat with barneytrubbl by typing the words "u trade?" These words are often used by those interested in trading child pornography images and movies with others. During the conversation with barneytrubbl, Detective Constable K*** asked him what his preference was. "barneytrubbl" advised "pre action — f*ck, s*ck, c*m, and pu**y penetration." Detective Constable K*** knows this to mean that this person is looking for child pornography images or movies. During this conversation, Detective Constable K*** made several attempts to upload corrupt files to barneytrubbl. Detective Constable K*** uses these corrupt files during child pornography investigations on the Internet. These files are corrupt and will not display anything when opened by someone. During this investigation, Detective Constable K*** was unable to connect to barneytrubbl in order to upload these corrupt files to him or her.

At 13:48 hours (EDT), barneytrubbl sent the following image file to Detective Constable K***:

action0011.jpg: This image file is of a prepubescent girl bending over and naked from the waist down. An adult male is behind her with his penis pointed towards her vaginal area. Detective Constable K*** believes this image to be consistent with the definition of Child Pornography as defined by the Criminal Code. This image is dated 4.3.1999.

At 13:56 hours (EDT), barneytrubbl sent the following image file to Detective Constable K***:

0968.jpg: This image file is of a female performing fellatio. The male's hands are placed on her head and appear to be grabbing her hair.

While on IRC, Detective Constable K*** was able to obtain the IP address used by barneytrubbl. "barneytrubbl" had the IP address 64.231.113.** IRC also captures the IP address used to send the two (2) image files. This was also determined to be 64.231.113.**.

Detective Constable K*** was able to determine the registrant of this IP address using an Internet site known as www.checkdomain.com This website listed the registrant of an IP address when one is inputted. Detective Constable K*** inputted the IP address 64.231.113.** and it revealed that Bell Canada is the registrant of this address.

On Tuesday, August 3rd, 2004, Detective Constable K*** spoke with a representative from Bell Canada Security. Detective Constable K*** asked that the subscriber information for the IP address 64.231.113.** for August 3rd, 2004, between the hours of 13:41 hours (EDT) and 14:02 hours (EDT) be saved in anticipation of a warrant.

The representative from Bell Canada Security advised Detective Constable K*** that they have the subscriber information for the person(s) using the above IP address for the above time period. The records will be available at 865 Pear Avenue, second floor, Toronto, Ontario if they are given a search warrant.

On August 6th, 2004, Justice HADDAD authorized Warrant to Search the business premise located at 865 Pear Avenue in Toronto, Ontario.

On August 6th, 2004, Detective Constable K*** executed the Warrant to Search at 856 Pear Avenue in Toronto. The execution of the Search Warrant revealed the subscriber information, including email addresses, pertaining to the unknown person(s) using the IP address 64.231.113.** on August 6th, 2004, between 13:41 (EDT) and 14:02 (EDT). The Sympatico Account Information was provided identifying the user as Isaac C. of 200 Broadway Road in Burlington Ontario.

On August 6th, 2004, after receiving the information form Bell Canada Security, Detective Constable K*** contacted Halton Regional Police Service.

On August 9th, 2004, a package containing information surrounding this investigation was turned over to Halton Regional Police Service from Toronto Police Service for further investigation.

As a result of this information, a Search Warrant was obtained to search the residence of the accused (Issac C.) at 200 Broadway Road in Burlington. The search warrant was executed on August 10th, 2004.

Police had brief conversation with the accused, and as a result he was arrested and read rights to counsel. The time was approximately 8:45 p.m.

The accused was transported to 3 District and lodged in the cell area awaiting Bail Hearing for August 11th, 2004.

The residence at 200 Broadway Road was searched and items seized with respect to the charges. Two computer systems were seized and will undergo Forensic Examination.

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