John C. Ball

The appellant was convicted of possessing child sexual abuse and exploitation material (CSAEM) after a search of his home yielded devices containing over 6,000 images.

On appeal, he challenged the validity of the search warrant, the plain view seizure of a phone on his porch, and his alleged psychological detention during the search.

The Court of Appeal dismissed the conviction appeal, finding no Charter breaches during the investigation.

However, the Court found that the appellant's ss. 8 and 9 Charter rights were breached post-sentencing when he was arbitrarily detained and unlawfully strip-searched at Maplehurst Correctional Complex despite having been granted bail pending appeal.

The Court declined to enter a stay of proceedings but reduced his 12-month sentence to 11 months as a remedy under s. 24(1).