The accused was charged with possession of child pornography contrary to section 163.1(4) of the Criminal Code.
The Crown alleged that printed materials containing child pornography, found in a drawer in the defendant's home, were in the defendant's possession.
The defendant denied knowledge of or possession of the materials and suggested that a family member, specifically his grandson Matthew Butwick, had printed and planted the materials to implicate him.
The trial judge found the Crown had proven beyond a reasonable doubt that the defendant possessed the child pornography and had printed the materials himself, rejecting the defendant's implausible alternative explanation.