Sentencing following a guilty plea to making child pornography arising from repeated recorded sexual abuse of a child by caregivers acting in a position of trust.
The court applied the Supreme Court of Canada's guidance in child sexual violence sentencing, emphasizing denunciation and deterrence under s. 718.01 of the Criminal Code and considering aggravating factors including breach of trust, the complainant's young age, repeated abuse, and significant physical interference.
Mitigating factors included the guilty plea, remorse, mental health and addiction issues, and expert evidence assessing a low risk of sexual reoffending and reduced moral blameworthiness relative to the primary perpetrator.
The joint submission for a five-year penitentiary sentence was accepted as fit and not contrary to the public interest, together with multiple ancillary orders.