Reid Thompson

The accused, Arthur R.C. Rule, pleaded guilty to accessing and possessing child pornography.

The Crown sought a custodial sentence of 18 to 24 months, while the defence sought a conditional sentence, arguing extraordinary personal and medical circumstances and bringing a constitutional challenge to the sentencing provisions.

The court reviewed the extensive collection of child pornography, the accused's background, medical conditions, and the impact on victims.

Applying the principles of sentencing and recent jurisprudence, particularly R. v. Friesen, the court found that a conditional sentence was not available and would offend the proportionality principle.

A custodial sentence of 22 months was imposed, followed by a 3-year probation order with strict conditions, including internet monitoring and restrictions on contact with minors.

The accused was charged with operating a motor vehicle with a blood alcohol content exceeding 80 milligrams per 100 millilitres of blood and dangerous driving.

The Crown did not proceed with an impaired driving charge.

The accused admitted to driving with a blood alcohol level of 130 milligrams per 100 millilitres of blood but raised the defence of necessity, claiming he was forced to drive to escape an imminent threat of physical harm in a parking lot confrontation.

The court found the defence of necessity did not apply and convicted the accused of the over 80 charge while acquitting on the dangerous driving charge.