Criminal trial concerning a basketball coach charged with multiple child pornography and sexual exploitation offences arising from text-message communications with underage players.
The court held that explicit photos and videos of a complainant's penis and masturbation were child pornography under s. 163.1, applying the objective approach in Sharpe, and rejected the accused's position that the exchanges were merely jokes or locker-room talk.
The court further found that the accused occupied a position of trust or authority over one complainant and that the private use exception was unavailable because the sexual activity was unlawful notwithstanding apparent consent.
Acquittals were entered on counts where age or statutory elements were not proved, but convictions were entered on multiple communicating, making, possession, access, invitation to sexual touching, and attempt counts.
