Following an undercover internet child exploitation operation, the accused responded to an online personal advertisement and engaged in extensive email and phone communications with a person presented as a 14-year-old girl.
He attended the arranged meeting location carrying items that closely matched the content of the communications, including condoms, cash, hotel information, and perfume.
Applying the W.D. framework, the court rejected the accused's explanation that he had merely discovered the emails and attended to investigate.
Relying on the elements of the offence set out in Legare, the court held that the Crown proved intentional computer communication with a person believed to be under 16 for the purpose of facilitating sexual touching, and entered a finding of guilt.
