The appellant was charged with making available and possession of child pornography following a lawful search of his residence and computer that revealed over 3,900 unique images, with 750 immediately accessible and evidence of active sharing through file-sharing software.
The appellant pleaded guilty to making available child pornography and was sentenced to the mandatory minimum of 12 months imprisonment less credit for pre-sentence custody, plus probation and ancillary orders.
On appeal, the appellant challenged his conviction and sentence on three grounds: (1) abuse of process arising from the Crown's election to proceed by indictment rather than summarily; (2) improper treatment of a Notice of Constitutional Question; and (3) unreasonable delay in breach of section 11(b) of the Canadian Charter of Rights and Freedoms.
The Court of Appeal dismissed all grounds of appeal, finding no abuse of process, no valid constitutional question, and that the delay, while substantial at approximately 38 months, was reasonable under both the transitional Morin framework and the new Jordan framework, given the complexity of child pornography investigations, the appellant's own conduct causing delay, minimal prejudice, and the seriousness of the offence.
