This case involves an action by the Crown to review representative sample of child pornography or Child Sex Assault Material (“CSAM”). The accused had pleaded guilty to charges of having possessed child pornography, which included forensic analysis of Mr. King’s devices revealed 1,731 unique images and 140 unique videos of accessible CSAM, with an additional 512 unique images and two videos of CSAM were inaccessible on the device (para. 6 noting paras. 13-20 of Agreed Statement of Facts (ASF)). Among those recovered materials were human and animated CSAM images of children engaged in sexual activities with animals.
The Court noted that Parliament, the courts, Crown and victim advocates indicate that the replaying of CSAM revictimizes their victims, and where a description is contained in the ASF, as was done in this case, there is nothing left to imagine; and that, if at any point this court believed it was appropriate to view this CSAM, the court would be compelled to seek the victims’ views on the issue of the court viewing their sexual degradation as per the Victims Bill of Rights (para. 12-13).
In this case, the Court rules that the only possible outcomes would be the court becoming so enraged that its ability to impartially determine a sentence is reasonably subject to doubt. It is notable that the court acknowledges the degree of horror present in the material as so significant that it could prejudice judicial proceedings, a principle that may have weight going forward.
https://canlii.ca/t/k4xgr