In an interesting case, Dennis v. Gray, the court was asked to determine whether a family with young children should be allowed to go ahead with their damages claim against the seller who failed to tell them one of the neighbours had been convicted
of child pornography offences.
In addition, this law will complement existing measures to protect children against sexual exploitation, including tough sentences in the Criminal Code
for child pornography offences.
If passed, the Act will impose a duty on persons who provide an «internet service» (internet access, e-mail or internet content hosting) to
report child pornography offences in certain circumstances.
Surely the English provisions are set at a level of seriousness far above the «mischief to data» provisions in the Canadian Code which appear to have been used as additional charges when those charged with
child pornography offences attempt to erase their tracks, and in one case where someone's log - on information was changed to prevent access.
Senior adviser to David Cameron who worked in Downing Street arrested over child pornography offences
Canada Nova Scotia highway closed after truck carrying lobster and fish crashes, Canadian Press Ottawa - area man charged
with child pornography offences, police say, Canadian Press Answers coming soon in Lionel Desmond killings, N.S. officials say, Canadian Press
The Criminal Code only sets out the maximum and minimum possible penalties for each of
the Child Pornography offences.
Under s. 163.1 (6), the Code states that a person can not be convicted of
a Child Pornography offence if the alleged act has (a) a legitimate purpose related to the administration of justice, science, medicine, education or art, and (b) that it does not pose an undue risk of harm to persons under 18 years old.
One aggravating factor that is specific to
Child Pornography offences is whether the accused committed the offence with intent to make a profit.
Would that create
a child pornography offence?
This includes when a service provider has reasonable grounds to believe its service is being used to commit
a child pornography offence.
One proposed solution to the perceived problem would be to make simple possession of offending material ie downloading, illegal — as in
child pornography offences.
Notify police and safeguard evidence if they believe that
a child pornography offence has been committed using an Internet service that they provide
The second duty on service providers is to notify police when they have reason to believe that
a child pornography offence has been committed using their Internet service.