Our client allegedly downloaded child pornography images and then uploaded one image to a website. That upload led to an investigation culminating with a search warrant on the client’s home. During the search, the investigators located two important electronic devise – one hard drive with alleged child pornography and one cell phone with alleged child pornography. However, during the search, the investigators repeatedly failed to provide our client with his rights to counsel under subsection 10(b) of the Canadian Charter of Rights and Freedoms.
In pre-trial motions, we persuaded the trial judge that the investigators had breached our client’s rights and that the cell phone needed to be excluded from evidence.
On the morning of trial, the prosecution realized that the images on the hard drive probably did not meet the definition of “child pornography.” In order to ensure that the charges against our client did not result in a conviction, we accepted the prosecution’s new offer to resolve the case with a “peace bond” and a withdrawal of the charges.
RESULT: Evidence was excluded from trial, the charges were withdrawn, and our client agreed to abide by a twelve-month peace bond.