Shahim Shokouh, convicted of child pornography offenses, applied for an exemption from Sex Offender Information Registration Act (SOIRA) registration, an obligation declared unconstitutional but suspended by the Supreme Court in R. v. Ndhlovu.

The court granted the exemption, finding that Mr. Shokouh was at a low risk to reoffend based on an individualized risk assessment, and therefore, requiring his registration would be overbroad and would not further the SOIRA's purpose.

Granting the individual remedy would not undermine the Supreme Court's purpose for suspending the declaration of invalidity.

The accused, Shahim Shokouh, was found guilty of accessing, possessing, and distributing child pornography.

The court considered aggravating factors, including active sharing and seeking more material, and mitigating factors such as his youth (19 at the time of offenses), first offender status, voluntary participation in therapy, expressed remorse, low risk of reoffending, and strong family support.

The Crown sought a sentence of two years less a day, while the defence proposed 90 days intermittent.

The court imposed a global sentence of 12 months' imprisonment followed by 3 years of probation, along with ancillary orders including DNA sample, forfeiture of devices, and a 10-year prohibition order regarding contact with persons under 16 and certain employment/volunteer capacities, and internet use conditions.