The accused was charged with ten offences related to child pornography, sexual interference, and counselling sexual offences.
The Crown's case involved an undercover police investigation where Detective Constable Mailer posed as "Sara Mills," a fictitious mother, in response to the accused's Craigslist advertisement.
Over several days of online communications via Kik messenger, the accused engaged in explicit discussions about sexual acts involving children, sent images alleged to be child pornography, and made arrangements to meet.
The accused was arrested before the planned meeting.
The trial addressed three principal issues: whether the police breached the accused's Charter rights regarding privacy in electronic communications; which photographs constituted child pornography; and whether the accused was entrapped.
The court found no Charter breach, identified specific images as child pornography, and rejected the entrapment defence, finding the police investigation was bona fide with reasonable suspicion and that the accused was not induced to commit the offences.
