The appellant appealed his convictions for possession of child pornography and making child pornography available, as well as his sentence.
The appellant raised four grounds of appeal: (1) the trial judge erred in not providing reasons for dismissing his section 11(b) Charter application; (2) the trial judge erred in not finding a breach of section 8 Charter rights; (3) the trial judge erred in credibility assessments of defence witnesses; and (4) the trial judge erred in not applying the Kienapple principle to stay one conviction.
The Court of Appeal dismissed the appeal on all grounds, though it acknowledged that the trial judge had erred in failing to provide reasons for the section 11(b) decision and that the Crown's warrantless request for Internet subscriber information violated section 8 rights.
However, the Court found that the evidence should not be excluded under section 24(2) given the seriousness of the offences and society's interest in adjudicating the case on its merits.
