The defendant was convicted of making and possessing written child pornography following a trial.
The defendant engaged in an online dialogue involving "daddy-daughter roleplay and ageplay" with references to actual children, including sharing photographs of his stepdaughters and describing sexual activity with them.
The defendant applied under section 12 of the Charter arguing that the mandatory minimum sentences of six months for making and three months for possessing child pornography constituted cruel and unusual punishment.
The court dismissed the Charter application, finding that the mandatory minimums were not grossly disproportionate to the offences and circumstances.
The court imposed a sentence of seven months jail for making child pornography and three months concurrent for possession.