Ruling on Long-Term Offender Application and Sentencing Disposition
DATE: April 17, 2025
COURT: Ontario Court of Justice (Toronto Region)
BETWEEN:
His Majesty the King (Applicant)
– And –
Christopher Green (Respondent)
Heard:
February 21, 2023 (Guilty Plea);
September 13, 2024, October 2, 2024, November 7, 2024, January 7, 2025 (Evidence);
January 16, 2025, February 28, 2025 (Submissions)
Judgment: April 17, 2025
(176 paragraphs)
WARNING:
This ruling involves reference to matters governed by a court ordered publication ban pursuant to s.486.5 of the Criminal Code.
Counsel:
Crown: Patricia Garcia
Defence: Joel Prajs
Judge: Libman J.
Overview
1The accused has entered guilty pleas to the following offences: two counts of possessing child pornography; two counts of accessing child pornography, failing to comply with a release order, and failing to comply with a probation order.
2The Crown has applied under s.753.1 of the Criminal Code for a finding that the accused be declared a long-term offender, and placed on a 10-year long-term supervision order. She additionally seeks that he be sentenced to 8 years’ imprisonment, plus ancillary orders, including: a lifetime prohibition order under s.161, a weapons prohibition order under s.109 for life, a DNA order (primary) and lifetime SOIRA order.
3Defence counsel opposes the imposition of the long-term supervision order, and submits that Mr. Green is in a time-served position, due to the considerable length of his pre-trial custody, and the circumstances in which he has served it. He also takes issue with the length and breadth of the s.161 prohibition order. The defence submits that the defendant’s behaviour in the community can be adequately managed by a probation order, and that any additional restriction on his liberty is not warranted.
Circumstances of Offences and Offender
4Mr. Green was born in 1980. He will shortly be 45 years old. He is a Canadian citizen.
5Mr. Green has been previously convicted and sentenced for child pornography offences.
6His first conviction occurred when he was 37 years old. He had no previous criminal record at the time. This sentencing hearing took place before Justice Borenstein at the Old City Hall court in Toronto, and concluded at College Park. Transcripts of these proceedings were provided.
7On May 5, 2017, he entered pleas of guilty before Justice Borenstein to possessing child pornography and making available child pornography, as well as possession of crystal methamphetamine. The offence dates for the pornography offences spanned May 2012 to August 2016.
8The majority of the child pornography in Mr. Green’s home was described as “hardcore in nature”. It involved mostly male children under the age of 12 years. The running time of all unique child pornography videos in his collection was at least 123 hours. There were 2,662 unique child pornography videos in total. His laptop contained 953 unique images.
9Sentencing was imposed on February 5, 2018. An expert psychiatric report from Dr. Hy Bloom, written in 2017, was put before the court. Dr. Bloom opined that the principal risk factors for Mr. Green were his attraction to a youthful male physique and his drug use. The Doctor commented on the link between the use of crystal methamphetamine and offenders who possess child pornography. Mr. Green had been found in bed with crystal methamphetamine at the time of his arrest. Dr. Bloom was of the opinion that the accused represented a low risk to re-offend if he engaged in sex offender and drug counselling and abstained from using crystal methamphetamine and other street drugs.
10Justice Borenstein imposed concurrent sentences of 15 months in jail in addition to the 7 days of pretrial custody served by Mr. Green on the child pornography charges. A fine of $500.00 was imposed for the drug offence. The Court also placed him on the maximum period of 3 years probation. Ancillary orders included: DNA order, a lifetime SOIRA order. The Court declined to make an order under s.161. Justice Borenstein also recommended that Mr. Green serve his sentence at Brampton OCI, where he subsequently did serve his sentence before being released on December 5, 2018, and placed on probation for three years.
11Thereafter, Mr. Green was arrested on the charges before this Court on June 29, 2021. He has been incarcerated at the Toronto South Detention Centre (TSDC) since that date. As of April 17, 2025, that is a total of 1,374 days, or 45.8 months (3.8 years). Applying the pre-trial custody credit of 1.5:1 under s.719(3.1), Mr. Green is credited with 2,061 days of pre-trial custody, or 68.7 months (5.7 years). His counsel submits he is entitled to enhanced pre-trial credit; the Crown disagrees on the amount.
12On July 28, 2020, a search warrant was executed at the defendant’s home (Mega.nz investigation), resulting in 867 images of child pornography being located. Mega is a cloud storage and file hosting service offered by Mega Limited, Auckland, New Zealand. Mr. Green created a Mega user account on June 13, 2019.
13Child pornography was recovered on three of Mr. Green’s electronic devices: an Apple iPad (51 images), an Apple iPhone (272 images), and HP Laptop (536 images). The images included prepubescent females and males, mostly male children aged 5-12 years. The dominant focus was on the genitals of the child. Three images included babies involved in sex acts with adults. Child pornography videos were also recovered on these devices, mostly depicting male children aged 5-12 years. There were 78 videos in total. Mr. Green was arrested for these offences in July 2020 and released on bail the following day.
14A second search of a device in Mr. Green’s possession (Google investigation) was executed in June 2021. A total of 472 images were categorized as child pornography on an Apple iPhone, mostly male children aged 5-12 years. Three images involved babies in sex acts with adults, and three images showed children sleeping. There were also 233 videos of child pornography, mostly male children aged 5-12 years, depicting masturbation, sexual acts between children, and sexual acts with adults. Mr. Green has remained detained since his arrest for these offences.
15The images and videos from both arrests depicted children masturbating, vaginal and anal penetration by adult males of a child, sexual acts between children, and adult fondling and digitally penetrating a child anally/vaginally.
16A representative sample of the contents of these two sets of charges is found in the Report of Detective Alexa (Exhibit 13).
17The summary of the 2020 arrest is: Image Categorization Report (Exhibit 9); Video Categorization Report (Exhibit 10).
18The summary of the 2021 arrest is: Image Categorization Report (Exhibit 11); Video Categorization Report (Exhibit 12).
19Detective Alexa could not speak of the entire collection but noted other sexual acts with adults were not in the collection.
20Mr. Green entered guilty pleas to 6 indictable offences on February 21, 2023. The child pornography offences spanned July 14, 2019 to July 28, 2020, and June 13, 2020 to June 29, 2021. Breach of probation and release offences related to accessing pornographic websites and possessing images/videos of persons under 18 contrary to court orders.
21On September 3, 2024, the Crown gave written notice of intention to have Mr. Green declared a long-term offender under s.753.1 of the Criminal Code. The hearing commenced September 13, 2024, and concluded February 28, 2025.
Evidence on Application
22The Crown called Detective Alexa, correctional system witnesses, and Dr. Alina Iosif, a forensic psychiatrist.
23Brad Tamcsu testified for the Ontario Ministry of the Solicitor General. Exhibit 6 is an Overview of Institutional Services for Dangerous/Long-Term Offender Hearings. Mr. Tamcsu has 30 years’ experience and was Superintendent at Ontario Correctional Institute (OCI).
24Provincial programs exist for sexual offenders at OCI and St Lawrence Valley Correctional and Treatment Centre, including treatment for offenders who commit sexual offences with children. Admission requires sentence length, motivation, and clinical support. As of October 2024, OCI had 68 beds. The "Stop sexually offending" program is offered.
25These programs are for provincial inmates and not designed for federal penitentiary preparation or long-term supervision order offenders. Community supervision for long-term supervision orders is by Correctional Services Canada (CSC). Probation officers cannot supervise conditions imposed by long-term supervision orders.
26Erin Brennan testified for CSC. She supervises offenders on long-term supervision orders and explained CSC’s role in post-sentence supervision and correctional planning.
27CSC offers sexual offender programs including assessments and community programming, including through the Centre for Addiction and Mental Health (CAMH) in Toronto.
28Dr. Alina Iosif, forensic psychiatrist and CAMH staff, was the Crown’s first witness. She interviewed Mr. Green and prepared an expert report (Exhibit 4). She reviewed extensive records and spoke with Mr. Green’s mother.
29Dr. Iosif testified Mr. Green had childhood ADHD and substance use issues, which resumed after living with his mother. The defence’s expert, Dr. Tania Stirpe, reported the mother no longer has room for Mr. Green but they remain in contact.
30Mr. Green completed high school and college but has been on disability payments since 2017 due to a stroke from a home invasion. His education and work history show constructive activity, reducing risk.
31Mr. Green had several intimate relationships with men, notably with Robin Swalm since 2008, which ended upon incarceration. Substance use and pornography viewing were shared activities that enabled offending behaviour.
32Mr. Green described himself as bisexual but history shows exclusively homosexual relationships with an androphilic interest. His sex drive is low unless intoxicated. He denied sexual interest in children but admitted interest in adolescent boys in pornography. His interest in child pornography began before his stroke.
33Mr. Green was involved in chats related to sharing software, mostly interested in adolescent boys. He was intoxicated with crystal meth when viewing images depicting sexual contact involving children.
34He understood children were victimized and did not consent to viewing materials but this did not prevent his offending. Collecting child pornography was “almost compulsive” for him.
35At the time of offences, Mr. Green was on bail and probation, referred to CAMH for sexual behaviour and substance relapse programs, and seeing a psychiatrist. Despite this, he offended again. He believed sobriety would resolve his issues, but Dr. Iosif disagreed.
36Dr. Iosif reviewed Dr. Bloom’s 2017 assessment, noting evasiveness and inconclusive phallometric testing with contra signs.
37Mr. Green was treated with ADHD medications at OCI, which was necessary despite methamphetamine history.
38Dr. Pallandi treated Mr. Green post-OCI. Mr. Green expressed willingness to participate in sex offending and substance abuse programming.
39Mr. Green described cycles of abstinence and use of crystal meth and child pornography, with prolonged intoxication and sexual activity. Dr. Iosif noted the size of his collection and violent nature of materials as concerning.
40Dr. Iosif noted pedophilia is rarely narrowly focused; Mr. Green’s materials included other ages and genders. His offences while on probation and bail show inability to control himself. Risk is driven by pedophilic preference and addiction.
41Mr. Green resumed substance use and child pornography by June 2019 after release from OCI.
42Phallometric testing in 2024 was inconclusive and inconsistent with stated preferences.
43Despite lack of formal pedophilia diagnosis, no other explanation for behaviour was found other than pedophilia.
44Psychopathy Checklist Revised (PCL-R) score was 14 (low moderate), predicting good supervision response, but history shows offending despite supervision.
45HCR-20 v3 risk factors showed moderate risk with substance use, impulsivity, and treatment unresponsiveness.
46CPORT tool indicated moderate likelihood of sexual recidivism but does not account for drug use or relapse risk.
47CASIC tool measured behaviours correlating to sexual interest in children; interest spanned a decade.
48Overall risk is low to moderate, increasing to high if stimulant relapse occurs.
49Burnout factor less relevant for online-only offenders like Mr. Green.
50Without custodial treatment and supervision, risk of reoffending is very high.
51Deficient coping mechanisms include substance use and sexual behaviour; positive coping includes work, abstinence, and stable relationships.
52Risk management must target sexual behaviour, substance abstinence, coping skills, structured activity, and supervision beyond probation and bail.
53Pharmacological sex drive reduction medications have limited value for online offenders; high-intensity substance use programs recommended.
54Psychotherapy specifically for child pornography offenders and relapse prevention recommended, ideally through CSC with structured supervision.
55Pedophilic sexual interest likely lifelong; no time when Mr. Green will be completely safe unsupervised around children.
56Dr. Iosif acknowledged diagnosis was somewhat unconfirmed and limited by phallometric testing and material usage data.
57Phallometric testing not indicative; long-term relationship with adult man relevant; no reoffending while living with mother.
58Few actuarial risk tools for online-only offenders; dynamic risk factors moderate; unknown response to rehabilitation.
59Non-exclusive pedophilia is not uncommon; relationships with adult men do not negate sexual interest in adolescent males.
Statement of Mr. Green and Affidavit Evidence on Pre-Trial Custody
60Mr. Green delivered a reflective written statement expressing shame, regret, full responsibility, and remorse.
61He acknowledged substance abuse contributed to harmful choices and intends to live a pro-social life.
62He looks forward to being drug-free and joining the workforce; on a therapist waiting list.
63An affidavit (Exhibit 14) detailed his incarceration conditions at TSDC since June 29, 2021, supplemented by lockdown records.
64Mr. Green described frequent lockdowns, small cell size, lack of privacy, and feelings of degradation.
65He was assaulted multiple times and triple bunked for extended periods, sleeping on the floor next to the toilet, exacerbating hardship due to stroke-related physical needs.
Position of the Parties - Overview
66Crown seeks 8 years’ imprisonment less pre-trial credit at 1.5:1, followed by a 10-year long-term supervision order. At submissions, Mr. Green had served 1,298 actual days (1,947 credited days).
67Crown seeks ancillary orders: DNA sample, lifetime SOIRA order, lifetime weapons prohibition under s.109, and lifetime s.161 prohibition order with specific restrictions.
68Defence submits time served with enhanced credit for harsh detention conditions, opposes long-term supervision order based on unconfirmed pedophilia diagnosis, and challenges length and breadth of s.161 order.
Crown Position
69Crown submits long-term supervision order basis established under s.753.1, with substantial risk of reoffending and reasonable possibility of eventual control.
70Defendant’s prior conviction and sentence, probation, and bail conditions were ineffective; he resumed offending repeatedly.
71Crown relies on Dr. Iosif’s opinion of underlying sexual interest and substance use issues driving risk.
72Further imprisonment warranted to allow high-intensity treatment; long-term supervision order to provide structured environment and reduce risk.
73Citing R v Friesen, Crown emphasizes unique psychological harm caused by possession and distribution of child pornography.
74Citing R v Pike, Crown notes increased sentencing range and factors beyond collection size.
75Crown acknowledges totality principle; proposes 12 years total sentence reduced to 8 years.
76Crown concedes some enhanced pre-trial credit but rejects double or triple credit.
Defence Position
77Defence argues no basis for long-term supervision order; diagnosis unconfirmed.
78Phallometric test results support defence position.
79Evidence of abstinence periods supports low risk.
80Crown failed to establish pattern justifying long-term supervision; probation sufficient.
81If imposed, long-term supervision need not be maximum 10 years or accompany penitentiary sentence.
82Defence calculates enhanced pre-trial credit totaling 2,190 days (73 months), exceeding 6 years.
83Defence relies on case law supporting enhanced credit for harsh detention conditions.
84Defence cites cases with lower sentences for repeat child pornography offenders.
85Defence challenges length of long-term supervision and breadth of s.161 order.
86Defence cautions against terms impeding rehabilitation, such as social media restrictions.
Analysis
A Denunciatory Penitentiary Sentence is Warranted
87Child pornography offences are extremely serious, emphasizing denunciation and general deterrence: R v McCaw.
88This informs the sentencing disposition.
89Supreme Court in R v Friesen emphasized protecting children as overarching objective.
90Victim being a child increases offender responsibility.
91Parliament mandates emphasis on denunciation and deterrence for child abuse offences.
92Mid-single digit penitentiary terms are normal; upper-single and double digits not rare.
93R v Pike applied child-centred approach, itemizing harms from possession offences.
94Possessors directly invade children’s privacy, inflict severe emotional harm, fuel exploitation market, and incite further offences.
95Possession is a grave offence warranting increased sentencing range to 5 years.
96Repeat offender like Mr. Green should receive 5-year sentences for 2020 and 2021 offences.
97Total sentence of 12 years warranted before totality and credit.
[98] Sentence breakdown:
- Possession (2019-2020): 5 years
- Accessing (2019-2020): 5 years concurrent
- Possession (2020-2021): 5 years consecutive
- Accessing (2020-2021): 5 years concurrent
- Breach probation: 1 year consecutive
- Breach release: 1 year consecutive
Applying the Principle of Totality
99Concurrent sentences for overlapping offences reflect overlap in conduct.
100Totality principle requires combined sentence not be unduly long or harsh.
101Consecutive sentences must reflect overall culpability: R v M. (C.A.).
102Close relationship between offences requires global sentence suited to overall situation: R v M. (L.).
103Sentence cannot be inadequate to recognize gravity of conduct victimizing children: R v F. (D.G.).
10412 years would be unduly long despite being within sentencing range.
105Consecutive sentences warranted for breach offences as aggravating factors.
[106] Sentence imposed totals 8 years:
- Possession (2019-2020): 3.5 years
- Accessing (2019-2020): 3.5 years concurrent
- Possession (2020-2021): 3.5 years consecutive
- Accessing (2020-2021): 3.5 years concurrent
- Breach probation: 6 months consecutive
- Breach release: 6 months consecutive
Credit for Pre-Trial Custody
107Consideration of pre-trial custody credit to reduce sentence.
108Section 719(3.1) authorizes 1.5 days credit per day in custody.
109Mr. Green entitled to credit for loss of early release: R v Summers.
110Arrest to judgment: 1,374 days; credited as 2,061 days (5.7 years).
111Defence seeks additional credit for harsh conditions under R v Duncan.
112Enhanced credit warranted; quantum to be determined.
113Duncan credit differs from Summers credit; reflects punitive conditions: R v Marshall.
114Summers credit is statutory deduction; Duncan credit is discretionary mitigation.
115Double or triple credit not appropriate; triple credit cases pre-date R v Marshall.
116R v Brown confirms discretion in mitigation for harsh conditions.
117I accept the defence submission that the harsh conditions of incarceration at TSDC are mitigating.
118Giving effect to this “Duncan” credit, as further explained in Marshall , I have determined that Mr. Green’s “ Summers ” credit of 2,061 days of pre-trial custody, or 68.7 months, being 5.7 years, should be rounded up to 72 months, or 6 years.
Conclusion: Penitentiary Sentence for Mr. Green
119Having determined that an 8-year (96 months) total sentence for Mr. Green is a fit sentence, and allowing for pre-trial custody of 6 years (72 months), I today sentence the defendant to 2 years’ imprisonment in the penitentiary.
120For the purposes of apportioning this period of imprisonment, and accompanying pre-trial credit, to the six counts in the information, the sentences for each count are as follows:
- possession of child pornography (July 14, 2019 – July 28, 2020): 3.5 years’ (42 months) imprisonment, less 32 months pre-trial custody: 10 months’ imprisonment;
- accessing child pornography (July 14, 2019 – July 28, 2020): 10 months’ imprisonment, concurrent;
- possession of child pornography (June 13, 2020 – June 29, 2021): 3.5 years’ (42 months) imprisonment, less 32 months pre-trial custody: 10 months’ imprisonment, consecutive;
- accessing child pornography (June 13, 2020) – June 29, 2021): 10 months’ imprisonment, concurrent;
- breach of probation order: 6 months imprisonment, less 4 months pre-trial custody: 2 months’ imprisonment, consecutive;
- breach of release order: 6 months imprisonment, less 4 months pre-trial custody: 2 months’ imprisonment, consecutive.
121In this manner, I have credited Mr. Green with pre-trial custody, on the basis of Summers and Duncan , for a total of 72 months as indicated above, and when subtracted from the 8-year sentence of 96 months, there is a further period of 24 months or 2 years’ imprisonment being imposed on today’s date.
A Long-Term Supervision Order for the Maximum Period of 10 Years is Made Out
122Having imposed 2 years in the penitentiary, I next consider whether the defendant should be found to be a long-term offender, and placed on a long-term supervision order for up to 10 years.
123I believe that the evidence is overwhelming that such an order, for the maximum length of time, must be imposed.
124The statutory criteria under s.753.1(1)(a) has been satisfied: a sentence of imprisonment of two years or more is appropriate.
125Section 753.1(1)(b) requires a finding that there is a “substantial risk” that the offender will reoffend.
126Despite prior sentence, probation, and release orders, Mr. Green reoffended.
127These are significant factors in assessing risk.
128Dr. Iosif places the defendant in the moderate category of risk for reoffending, increasing to high with stimulant relapse.
129Pedophilia diagnosis not determinative; long-standing attraction to young boys evident.
130Prior expert Dr. Bloom’s concerns consistent with current assessment.
131Principal risk factors: attraction to youthful male physique and drug use.
132Risk factors heightened as recidivist.
133Mr. Green is a sophisticated consumer of child pornography; prior collection substantial.
134Persistent use of sophisticated access tools and concealment efforts aggravate risk.
135Defence’s argument against long-term supervision based on unconfirmed diagnosis rejected.
136Substantial risk of reoffending and pattern of repetitive behaviour established.
137Harm caused by possession and access of child pornography detailed in R v Snowden.
138Community Impact Statement evidences severe psychological damage to survivors.
139Mr. Green’s criminal history limited to child pornography and related breaches.
140Reasonable possibility of eventual control of risk in community found under s.753.1(1)(c).
141Pro-social elements and remorse noted, but prior statements of remorse not sufficient.
142Imperative for counselling and treatment, including for ADHD and substance use.
143High intensity substance use programs and support necessary for risk control.
144Long-term offender designation and supervision order imposed.
145Maximum 10-year supervision order authorized under s.753.1(3)(b).
146Duration must be maximum due to treatment needs and risk.
147Short-term programs insufficient; poor voluntary participation noted.
148Prior correctional involvement and supervision over 5 years supports longer supervision.
149Offending involving illegal pornographic images continued unabated for over a decade.
150Unlike Bluecloud, maximum supervision period required to break offence cycle.
151If pedophilia diagnosis confirmed, risk of reoffending never eliminated.
152Long-term offender designation and 10-year supervision order imposed.
Ancillary Orders
153Ancillary orders considered, most uncontested.
DNA
154DNA order under ss.487.04(1)(b) and 487.05(1) for primary designated offences made; previously ordered by Justice Borenstein.
Weapons Prohibition
155Lifetime weapons prohibition under s.109(1)(a) imposed; mandatory due to prior convictions.
SOIRA
156Lifetime Sex Offender Information Registration Act order imposed under ss.490.012(1) and 490.013(4).
Section 161 Order of Prohibition
157No s.161 order previously issued; probation terms insufficient for federal sentence.
158Defence opposes lifetime s.161 order, citing employment and social media access concerns.
159Court finds restrictions necessary due to prior breaches and risk to public protection.
160Prohibition on attending public places where children under 16 are present imposed.
161Prohibition on employment or volunteering involving trust or authority over children under 16 imposed.
162Internet use prohibited except for limited supervised purposes (employment, banking, medical, grocery).
163Despite prior orders, Mr. Green reoffended; s.161(1)(d) order with specific terms imposed for life.
164Terms to be reduced to writing and attached to materials sent to CSC under s.760.
165Specific prohibitions include encryption software, anonymous internet use, peer-to-peer networks, social media, pseudonyms, and supervisor access to devices.
166Parties directed to re-attend within 14 days to finalize s.161(1)(d) order wording.
Forfeiture Order
167Prior forfeiture of electronic material ordered by Justice Borenstein.
168Electronic devices containing child pornography subject to forfeiture under ss.490.1 and 164.2.
169Court uncertain if forfeiture of devices currently in possession appropriate; appears warranted.
170Parties directed to appear within 14 days to address forfeiture order; draft may be presented if by consent.
Victim Surcharge
171$200 victim surcharge per count imposed, totaling $1,200 under s.737(2)(b)(ii).
172Victim surcharge waived due to undue hardship from disability caused by stroke under ss.737(2.1)(a), (2.2).
Transmission of Reasons to CSC
173Reports, testimony, transcripts, and reasons to be forwarded to Correctional Service of Canada under s.760.
Summary of Sentencing Dispositions and Ancillary Orders
174Imposed orders:
(i) Global sentence of 2 years’ imprisonment;
(ii) Long-term offender designation;
(iii) Long-term supervision order for 10 years;
(iv) DNA order for primary designated offences;
(v) Lifetime weapons prohibition under s.109;
(vi) Lifetime SOIRA order;
(vii) Lifetime s.161 order of prohibition;
(viii) Hearing within 14 days to finalize s.161(1)(d) internet restriction wording;
(ix) Hearing within 14 days regarding forfeiture order of devices;
(x) Waiver of $1,200 victim surcharge;
(xi) Transmission of reasons and materials to CSC.
Concluding Comments
175The court acknowledges the professionalism and quality of advocacy by counsel for both parties over 26 months.
176To Mr. Green: the court recognizes his stated intention to live a pro-social life but notes failure to do so to date. The stakes are higher, with a penitentiary sentence imposed. The court hopes he will now succeed in treatment and rehabilitation.
R. Libman, J.
Date: April 17, 2025