Child Pornography Defense Strategies

Summary

To defend against charges of accessing child pornography under section 163.1 of the Canadian Criminal Code, the prosecution must prove knowledge, access, and purpose. Key cases like R. V. Katigbak, 2011 SCC 48, discuss these elements. Understanding court procedures and potential defenses, such as unlawful search and seizure, is crucial. Consulting a lawyer, even if representing oneself, is advisable for navigating the complexities of the legal system.

Full Conversation

I have been arrested in Canada on charge of possession and accessing child pornographe and I need to represent myself in criminal court
I'm sorry to hear about your situation, Martin. Representing yourself in such a serious case can be challenging. Here are a few general points on what you might need to consider:
- **Understand the Charges**: Familiarize yourself with the specific sections of the Canadian Criminal Code that pertain to possession and accessing child pornography (sections *.*).
- **Court Procedures**: Learn the procedures and rules of the criminal court. This includes filing motions, presenting evidence, and questioning witnesses.
- **Rights and Defenses**: Understand your legal rights and potential defenses. This could involve issues like unlawful search and seizure.
- **Seek Legal Advice**: Even if representing yourself, consulting with a lawyer for advice can be valuable.
Would you like information on the nearest court and their contact details?
What are the facts to prove on accessing child pornographe pursuant the section *.*
Hello Martin,
Here are the key elements the prosecution must prove for accessing child pornography under section *.* of the Canadian Criminal Code:
- **Knowledge**: The accused knew the material was child pornography.
- **Access**: The accused accessed or attempted to access the material.
- **Purpose**: The accused accessed the material for the purpose of viewing it.
Would you like information on the nearest court and their contact details?
No.
Understood, Martin. If you have any more questions or need further information about your case or the court procedures, please feel free to ask. I'm here to help!
Any good jurisprudence to help me with the section *.*
Hello Martin,
Here are some key Canadian cases that may be relevant to your situation under section *.*:
- **R. v. Katigbak, * SCC ***: Discusses the elements of "possession" and "accessing" child pornography.
- **R. v. M.T., * ONCA ***: Considers issues of knowledge and intent.
- **R. v. Brown, * ONSC ***: Addresses defenses related to unlawful search and seizure.
Would you like more detailed information on any of these cases?
R. v. Katigbak, * SCC *
Any resume of this case?