ONTARIO COURT OF JUSTICE
DATE: 2025-02-28
NEWMARKET
BETWEEN:
HIS MAJESTY THE KING
— AND —
BRIAN BEARD
SENTENCING
Evidence and Submissions Heard: February 28, 2025.
Sentencing: February 28, 2025
Counsel:
Ms. Kasia Batorska — counsel for the Crown
Mr. Lawrence Ben-Eliezer — counsel for the defendant
KENKEL J.:
Introduction
1The York Regional Police Child Exploitation Unit identified a suspect who was in possession of files of child sexual abuse material on a publicly shared online library. A search warrant executed at Mr. Beard’s residence in Newmarket led to the seizure of several digital devices.
2Seven of the devices contained images of identification documents, passports and photos confirming the devices belonged to Mr. Beard. There were files containing adult pornography, including bestiality, urination on women and sexual machines being used on women.
3On other devices 831,546 images and videos were found. 450,903 of those files were reviewed and categorized. Of those, 103,737 (3,765 videos and 99,972 images) meet the definition of child sexual abuse material. A further inspection showed there were child sexual abuse images and videos in some portion of the remaining files.
4The videos that were reviewed and categorized record almost 540 hours of child sexual abuse. That’s more than 22 full days. There were also 17 written stories that meet the definition of child sexual abuse material. The stories described penetrative sexual acts involving prepubescent children and adults. Mr. Beard has been collecting the videos and images since 2013.
5The Crown proceeded by indictment. Mr. Beard pleaded guilty to Possession of Child Pornography s 163.1(4) and Making Child Pornography Available s 163.1(3).
6The Crown and defence jointly submit that Mr. Beard should receive a sentence of 4 years less credit for pre-trial custody (1 day).
Aggravating Factors
7The aggravating factors include:
- The vast amount of child sexual abuse material
- The depravity of the images
- The fact that the abuse involved children including very young children
- The collection of child sexual abuse material over 10 years
Mitigating Factors
8There are three circumstances that mitigate sentence. Mr. Beard is almost 65 and he has no criminal record.
9The Crown concedes that his guilty plea is a mitigating factor even though it comes just days before his 5-day trial was set to begin. It does not save the court time as suggested as it’s too late now to schedule other matters during that period. It does avoid the attendance of multiple witnesses and I agree with both parties that the plea is mitigating.
10A plea is also an expression of remorse. There’s little evidence of remorse or insight beyond the plea itself, but the plea is also relevant on that basis.
11Mr. Beard served one day in pre-trial custody. The joint submission includes statutory credit for that 1 day.
Analysis
12The images are horrifying. The small representative sample shared by D.C. Carty included a video of a very young naked girl, her hands bound as she was sexually assaulted by a man and an animal. Another video showed another prepubescent bound girl recorded as she was penetrated anally and vaginally by an adult male. It’s impossible to imagine how anyone could want to view such images, much less be so interested in sexual violence towards children that they amass such a large collection.
13For offences that relate to the sexual exploitation of children, denunciation and deterrence are the central goals of sentence. The scope of the files possessed and made publicly available by Mr. Beard and their nature requires a significant custodial sentence even for a first offender. The sentence must show Mr. Beard and everyone in the community that collecting and making available images of sexual violence towards children carries severe consequences.
14The evidence shows that in each of these images and videos there is a real child who is being sexually exploited and abused. For this collection, tens of thousands of children were victimized to satisfy the interests of Mr. Beard and others like him. Persons who have such a strong interest in child sexual abuse images fuel a worldwide industry that continues to create new and ever more egregious forms of abuse.
15It takes no imagination to realize the impact the creation of these images has upon the child victims. Mr. Beard saw directly the immediate abuse and exploitation. He knew as a participant in that community that these images were digitally copied and shared. The children’s victimization continues long after the event as the abuse is archived on the internet in perpetuity.
16The defence took some exception to the victim impact statement and affidavit of “Lily”, an identified victim, as the officer in charge had not personally met her. Whether or not that specific statement is considered, the impact of these two offences on the children involved is plain. Mr. Beard knew the terrible impact the making of these images would have on those children, but he just didn’t care.
17I take into account the effect these offences have on the community. Making this criminal material available to others normalizes the sexual abuse of children in the minds of persons like Mr. Beard. It desensitizes viewers to the significant harm done to the children involved. It puts the children in this community at risk.
18Mr. Beard’s strong interest in child sexual abuse over a decade poses a significant risk to young persons in the community. It’s been over three years since he was arrested, but there’s no evidence he has engaged in any counselling in that regard. This sentence must include orders that protect children and mitigate that risk.
Sentence
19I agree with both counsel that a significant custodial sentence is required. The joint submission is within the range on a guilty plea.
20Mr. Beard is sentenced to 1459 days in custody, being 4 years less the two days statutory credit requested by both counsel. That sentence will be on both counts concurrent for a total global sentence of 1459 days.
21There is an order under s 164.2(1) directing that all devices seized from Mr. Beard be forfeit to the Crown for destruction.
22On both charges there will be an order under s 487.04 directing that Mr. Beard provide a sample of his DNA for registration on the national databank.
23Mr. Beard is ordered pursuant to s 490.012 to comply with the Sex Offender Information Registry for 20 years.
24There is an order under s 161 for a period of 15 years on the terms as jointly submitted by both counsel with the exception of conditions “a” and “c” which were amended during submissions to read:
(a) (prohibited from) attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre, except under the immediate supervision of an adult 21 years of age or older who is aware of the terms of the s 161 order and is also aware of and has read the terms of this sentencing order.
(c) (prohibited from) having any contact – including communication by any means – with a person who is under the age of 16 years, unless he does so under the supervision of an adult 21 years of age or older who is aware of the terms of the s 161 order and is also aware of and has read the terms of this sentencing order.
Delivered: February 28, 2025.
Justice Joseph F. Kenkel