Internet crimes are unlawful offences that involve using electronic devices or a computer to allegedly commit the offences of defamatory libel, criminal harassment, and publishing an intimate photo without consent. Law enforcement have specialized units investigating suspected criminal activity and can obtain a search warrant to enter your home and seize your electronic devices.
If you are under investigation or have been accused of an Internet crime, the first thing you need to do is speak to one of our lawyers at Roulston Urquhart Criminal Defence Firm. We have successfully defended individuals who have been arrested for their alleged involvement in cyber crimes.
The penalties for Internet crimes in Canada can be harsh with long-term consequences, including hefty fines and jail time. There are potential defences to an Internet crime that can result in an acquittal or a lesser penalty. For a guilty verdict, the prosecutor must prove all elements of the crime. Our lawyers draw on our experience and technical knowledge to negate one or more of these elements to get you the best possible outcome.
Crimes committed using the “Internet” is a quickly expanding area of law. These offences include: fraud, impersonation, child pornography, harassment and child luring.
Local police forces and other law enforcement agencies such as C.S.I.S. (Canadian Security Intelligence Service), FBI (Federal Bureau of Investigation), and the C.I.A. (Central Intelligence Agency) frequently patrol the internet and chat rooms where criminal activity is notorious for occurring. Agencies tasked with policing the internet do so with a highly specialized and trained agents, conducting everything from undercover operations to highly technical analysis of computer data. Roulston Urquhart Criminal Defence lawyers have the experience to identify problems in the investigation against you and identify weaknesses in the prosecution’s case.
In many cases, law enforcement has or will obtain search warrants and/or production orders to obtain information from your computer (including identifying subscriber information based on your IP address). If a warrant or production order has been obtained, we will assess whether these warrants/orders were obtained in violation of your Charter rights.
Penalties for many internet crimes, such as child pornography are governed by onerous minimum punishments, which are outlined in the Criminal Code. If you are convicted of accessing child pornography, possessing it, or making and/or distributing this material, the Criminal Code mandates that the only sentence available is a jail sentence. The length of these jail sentences varies depending on the offence you have been convicted of.
The Criminal Code also stipulates that if you are convicted of a number of sexual offences against children you will have to register with the Sexual Offender’s Information Registry (SOIRA). The length of this order will depend on the offence you are found guilty of and whether or not you have previous convictions on your Criminal record.
Possess Child Pornography, Access Child Pornography and Distribution of Child Pornography – Result: Reduced Jail Sentence and SOIRA Order
The client was charged with numerous offences involving child pornography. The client was facing a three to four-year jail sentence and SOIRA order of 10 years. Tonii Roulston reviewed the file and entered negotiations with the Crown Prosecutor. Tonii Roulston secured a two-year federal sentence for the client and a reduced SOIRA order of 8 years.
The client was charged with 19 substantive offences including several counts of making and accessing child pornography, and 5 counts of luring. After discussion between counsel, the client plead guilty to only 2 counts and received a 2 year incarceratory term while the remaining 17 counts were withdrawn.
The client was charged for making child pornography, and seven counts of arranging a sexual offence against a minor.
Successful Result: The charges were resolved through a Peace Bond and the client obtained no criminal record.
The client allegedly lured a minor for a sexual purpose, on the basis of which he was charged with 7 offences including charges relating to possession of child pornography.
Successful Result: The charges were resolved when the client entered a Peace Bond.
The client pled guilty to possession of child pornography prohibited by s 163.1(4) on the basis of 79 photographs and several videos of child pornography being found on his computer.
Successful Result: The client was sentenced to a six-month incarceration and probationary sentence.