Darren Berlinguette

Following a judge-alone trial, the court convicted the accused on all remaining counts arising from a prolonged pattern of online grooming and sexual exploitation of vulnerable adolescent boys in a small northern community.

The court admitted similar fact evidence on both identity and actus reus, applying the frameworks in Handy and Perrier, and found overwhelming similarities among the fake-profile communications, the sexualized dares, the rewards of money, alcohol, and drugs, and the complainants’ shared vulnerability.

The defence theory that the accused was merely a generous helper to troubled boys was rejected as implausible.

The court held that the Crown proved beyond a reasonable doubt that the accused operated the social media profiles and used them to facilitate multiple sexual offences.

Convictions were entered on all counts except two counts previously stayed at the Crown’s request.

The accused was tried on charges arising from text and internet communications in which he solicited assistance from a sex worker to abduct and sexually assault a child, and later engaged in sexually explicit online discussions with an undercover officer posing as a mother.

The central issue was whether the communications were mere fantasy and role play or reflected the subjective intent required for counselling offences and for making arrangements under s. 172.2(1)(b) of the Criminal Code.

The court rejected the role-playing explanation as not credible, relied in part on similar fact evidence from other sex workers, and found that the communications with the sex worker were specific, repeated, and grounded in price, place, and timing.

Findings of guilt were entered on counselling, making arrangements, child pornography, and recognizance breach counts, but the accused was acquitted on the undercover-officer arrangement count because the communications remained too preliminary.