The appellant was convicted of possession of child pornography under s. 163.1(4) of the Criminal Code and acquitted of making child pornography available under s. 163.1(3).
The appellant appealed his conviction on Charter grounds, arguing that the search of his residence and computer violated s. 8 of the Charter.
The Crown conceded the search was unlawful but argued the evidence should not be excluded under s. 24(2).
The Crown also appealed the acquittal on the making available count, arguing the trial judge erred in applying the mens rea requirement.
The court dismissed the appellant's conviction appeal and allowed the Crown's appeal, ordering a new trial on the making available count.
