Criminal trial concerning possession of child pornography and making child pornography available through a peer-to-peer file-sharing program.
The court relied on circumstantial evidence from user accounts, internet search history, encryption activity, and timing evidence to infer that the accused exercised knowledge and control over child pornography stored on the computer, proving possession under s. 163.1(4) of the Criminal Code.
However, the court was not satisfied beyond a reasonable doubt that the accused intended to make the material available to others, or had the necessary knowledge of that sharing function to satisfy s. 163.1(3).
The accused was convicted on possession and acquitted on making available.
