Dr. James Cantor

Sean Done was convicted of accessing child pornography contrary to s. 163.1(4.1) of the Criminal Code.

The sentencing decision addresses the protracted procedural history, including Charter applications, and extensive evidentiary record including psychological and psychiatric assessments diagnosing pedophilia limited to internet offending.

The court emphasized the equivalence of accessing and possessing child sexual abuse material (CSAM), the aggravating factors such as the large quantity and nature of the material, sharing and trading of CSAM, and counselling others to avoid detection.

Mitigating factors included Mr. Done’s lack of prior record, engagement in therapy, and supportive family.

The court imposed a 22-month custodial sentence (after a 4-month reduction for Charter breaches), followed by two years probation with strict conditions, and ancillary orders including DNA, SOIRA registration for 20 years, forfeiture of the cellphone, and waiver of victim fine surcharge.

Sentencing decision involving a repeat child pornography offender who accessed and saved explicit images of prepubescent boys on a public library computer while subject to probation and a prior prohibition order.

The court held that denunciation and deterrence predominated, rejected a conditional sentence, and imposed a 30-month penitentiary term with concurrent time for breach of the prior order, despite significant post-offence treatment and medication evidence.

Applying the two-step framework for mandatory minimum challenges, the court found the six-month minimum under s. 163.1(4.1) was not grossly disproportionate for this offender.

However, relying on a reasonable hypothetical analogous to youthful passive receipt of a single image, the court held the mandatory minimum violated s. 12 of the Charter and could not be saved under s. 1.