R. v. Osl Date:, 2015 BCPC 132

Citation: R. v. Osl Date: 20150331 2015 BCPC 0132 File Nos: 40124-A-3, 40124-C-4, 41595-1 Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. NIKOLAS RYAN OSL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE S. K. KEYES RESTRICTED ACCESS Counsel for the Crown: A.Z. Schroff Counsel for the Defendant: E.K. Jones Place of Hearing: Prince George , B.C.

Date of Hearing: March 31, 2015 Date of Judgment: March 31, 2015 [ 1 ] THE COURT: Mr. Osl has pleaded guilty to possessing child pornography between June 1 and December 11, 2013, and making available or distributing child pornography between April 20, 2013 and December 11, 2013. Mr. Osl has also pleaded guilty to three counts of breach of the bail conditions he was placed on with respect to the foregoing offences; specifically, by attending at a swimming pool where persons under 16 were present, by accessing a computer, and by possessing pornography.

As a result of those breaches, he was arrested on September 11, 2014, and he has remained in custody since then. [ 2 ] Also before me today is Information 41595 sworn pursuant to s. 810.1 of the Criminal Code which alleges that as a result of events which occurred between April 20, 2013 and September 11, 2014, there are reasonable grounds to believe that Mr. Osl will commit a sexual offence under a variety of offence provisions. Mr. Osl has admitted that the events complained of do, in fact, give rise to those reasonable grounds. Circumstances [ 3 ] In November 2013, N.

D. contacted the Prince George RCMP to report that Mr. Osl was in possession of child pornography. Ms. D. was a friend of Mr. Osl who had been staying in his apartment. While she resided there, she had permission to use his computer, and she browsed through a file on his computer marked "private." She discovered it contained approximately 20 photographs of female children which were overtly sexual and involved young girls. The labels for the photographs indicated they were between the ages of three and 12 years old.

Later, she found a USB device with similar photographs of young girls. [ 4 ] On a later occasion, she also noticed videos containing child pornography, including one involving small boys engaged in anal intercourse and another labelled "8-year-old boy fucks 6-year-old girl while she screams for mommy." [ 5 ] As a result of the complaint by Ms. D., the RCMP obtained a search warrant and recovered a number of electronic devices from Mr. Osl's apartment. When the material was analyzed, the police discovered several hundred child pornography images and videos.

In a non-exhaustive review by the police, there were at least 347 images and 47 videos of child pornography. The children depicted included pre-schoolers through 15-year-olds with the majority of them being preteen, prepubescent females. The pornography content covered a variety of categories ranging from erotica to sadistic images of bound children being sexually violated. [ 6 ] These photographs and videos had been obtained using a program called "Frostwire" and the images remained, for the most part, in a folder on Mr. Osl's computer that permitted file sharing and accessing by others on the Internet. Thus Mr.

Osl made child pornography available for distribution on a regular basis but in a passive manner. [ 7 ] In addition to that, as a result of an international investigation into child exploitation and production of child pornography in Russia, police investigators determined that Mr. Osl had uploaded images actively in June and July 2013 on the Russian photo-sharing website, Image Source. [ 8 ] Mr. Osl was originally arrested on December 11, 2013, but was released on a promise to appear with the first appearance date of April 30, 2014. Because no protection conditions had been imposed by the police upon Mr.

Osl's release, an application for his arrest was filed by the Crown April 29, 2014, and served at the first appearance of the matter, and Mr. Osl was released on a recognizance containing a variety of protective conditions. [ 9 ] With respect to the breaches, Mr. Osl had been placed on a recognizance that provided that he was not to attend, inter alia , a swimming pool where persons under the age of 16 years might be present except in the presence of an adult third party approved of in writing in advance by the bail supervisor.

He was also on a condition not to access a computer except for purposes related to his employment, again with the written permission of his bail supervisor, and was not to possess any pornographic materials. [ 10 ] The circumstances were that on September 9, 2014, Mr. Osl was observed by Mr. B., someone who knew him, at the Four Seasons swimming pool in Prince George walking about without his shirt on. All the other adults present were fully clothed. There were many children present at the pool. [ 11 ] Mr. Osl asked Mr. B. for money so that he could go swimming. Mr.

B. asked him whether he was supposed to be there, and Mr. Osl replied that he was not on any conditions that prevented him from being there, which was, of course, a complete lie. [ 12 ] On that same day, Mr. Osl was seen to use a computer without permission. [ 13 ] When the police attended to arrest him on September 11, 2014, he had two pornographic magazines on his person as well as a woman's bikini top.

The pornographic magazines were entitled "18" and "Newcomers." Both of these magazines purport to depict persons as sexual objects who are barely of legal age. [ 14 ] The circumstances giving rise to the 810.1 information are that the police were advised on April 23, 2014, that a posting had been placed on Craig's List on April 22, 2014, as follows: looking for a young seceretive [sic] girl, flat chested, young, must be a secret and i have my own place.

Looking for some fun and need a young tight girl to share it with. [omit]. [ 15 ] There were specifications provided in the ad; specifically "age: 12, body: skinny, height: 4'11". It is admitted that Mr. Osl

posted this advertisement. This online advertisement was posted a mere eight days prior to his first appearance on the child pornography charges. Pre-sentence report [ 16 ] I have the benefit of a pre-sentence report prepared by Leslie Currie, the probation officer. It is reported that Mr. Osl receives a disability pension due to mental health problems and occasionally has odd jobs. That report provides that Mr. Osl keeps to himself mostly, is closer to his family than to friends, and does not have a best friend. Mr. Osl maintained to Ms.

Currie that he had never had a relationship with a woman, but he engaged in sexual intercourse with two women that he met on the website Craig's List. He told Ms. Currie that he developed an "interest" in children when he was around 16 or 17 years old but related that to be around the same time that he developed a mental illness. He claimed he did not know that looking at child pornography was illegal. He stated he does not want to be interested in child pornography but also admitted that if he was still in his apartment, he would still be interested. [ 17 ] I note, parenthetically, that Mr.

Osl is presently in custody. [ 18 ] Mr. Osl states that he is diagnosed with schizophrenia and has been accessing mental health services for several years. [ 19 ] Ms. Currie notes that Mr. Osl did not report as directed while reporting to his bail supervisor, often reporting late or not at all. She also comments that Mr. Osl appeared to be resistant to discussing pertinent matters while misrepresenting the truth, that he appeared to be impulsive, and would frequently blame others. [ 20 ] He indicated to Ms.

Currie that he was willing to attend programming and "muses whether his interest in children is related to his mental illness." [ 21 ] He described his interest in children as being "on the screen but not in real life" and related that he started searching randomly online and "stuff popped up" and he "kept going." Psychiatric report [ 22 ] I also have the benefit of a psychiatric pre-sentence report, including a risk assessment prepared by Dr. Morgan. Dr. Morgan noted that Mr. Osl advised that he had been "accessing stuff" since he was a teenager but that Mr.

Osl did not answer when asked about his pattern of sexual arousal or what specific ages excite him. [ 23 ] Mr. Osl admitted breaching his bail conditions and commented "maybe it was my illness. I don't know what's right or wrong." He also provided Dr. Morgan with an explanation for going to the swimming pool, which was that he wished to read a book there and wanted to go swimming despite the fact that he did not have the funds to go swimming. He was unable to provide any explanation for why he had gone to the pool to read instead of going to the library nearby.

He also indicated that he did not think the conditions of his bail were serious or that non-compliance would get him into trouble. [ 24 ] With respect to the child pornography offences, he acknowledged using a program to crack passwords as the files he downloaded had been password-protected. It appears to me that the effort required to use a password-cracking program is in direct contradiction to his assertion to Ms. Currie that stuff just popped up randomly online. [ 25 ] Despite Mr. Osl's claims of suffering from a longstanding mental illness, Dr. Morgan was unable to conclude with any certainty that Mr.

Osl suffers from a major mental illness. He noted that there may be a pattern of Mr. Osl reporting symptoms for secondary gain, such as to obtain a private prison cell. [ 26 ] Dr. Morgan noted that Mr. Osl attempted to minimize his offending behaviour and sought to attribute his actions to his mental illness. [ 27 ] With respect to sexual violence history, Dr. Morgan noted that Mr. Osl has been accessing pornographic material on the Internet for some years, which may be evidence of chronicity of sexual violence. [ 28 ] Dr. Morgan was of the view that Mr.

Osl's flagrant breaches of his bail were sexually motivated offences which could reasonably, with respect to the attendance at the Four Seasons swimming pool, be interpreted as an escalation of behaviour towards a possible contact offence which therefore seemed to indicate a possible escalation of sexual violence. [ 29 ] I note that Dr. Morgan was not in possession of the information regarding the advertisement on Craig's List seeking a secretive young 12-year-old girl. [ 30 ] Dr. Morgan found that Mr.

Osl was sexually deviant given the nature of the material found on his computer, the female clothing found on his person, and his admission that he finds children sexually attractive. [ 31 ] In terms of risk, Dr. Morgan found that Mr. Osl has a chronic risk of accessing child pornography online which does not appear to be related to Mr. Osl experiencing psychotic symptoms and that such an offence would involve a significant degree of planning and premeditation, and the likely motives would be sexual arousal and sexual gratification. [ 32 ] Dr. Morgan predicted that an escalation of Mr.

Osl's offending behaviour would likely include escalating to a contact offence against a prepubescent female. He was of the view that the nature of Mr. Osl's breaches of his legal conditions led him to conclude that Mr. Osl's behaviour may have been escalating toward a contact offence. [ 33 ] In my opinion, the advertisement on Craig's List leaves no doubt that Mr. Osl's offending pattern was escalating towards that goal. Dr. Morgan was of the view that Mr. Osl is at moderate to high risk of committing further sexual offences. [ 34 ] In terms of suggestions for the management of Mr. Osl's risk, Dr.

Morgan recommended that Mr. Osl needs to take a sex

offender treatment program. Given Mr. Osl's failure to comply with community supervision provisions, Dr. Morgan was of the view that he would likely be noncompliant with such a program in the community. He recommended that the sex offender program at Ford Mountain, a provincial institution, and at Mountain Institution, which is federal, might be suitable. [ 35 ] He also recommended that any access to electronic media should be absolutely prohibited, that Mr. Osl have drug and alcohol counselling, and that Mr.

Osl not have direct or unsupervised access to children under 16 years of age or attend at places where they might reasonably be found, such as schools or swimming pools, and to have his accommodation approved by his supervising probation or parole officer. Sentencing principles [ 36 ] I am indebted to Ms. Schroff, Crown counsel, for her comprehensive written submissions. I note that the s. 163.1 offences before me today were charged by indictment.

Accordingly, Count 1, possession of child pornography, carries a mandatory minimum of six months, and Count 2, distribution of child pornography, carries a mandatory minimum of one year. [ 37 ] With respect to the effect of mandatory minimums on the available range of sentence, I note that in R. v. B.C.M. , 2008 BCCA 365 , the B.C. Court of Appeal noted that a minimum sentence has a proportionate inflationary effect on the balance of the sentencing range, at paragraph 32. I also note in R. v. Lloyd , 2014 BCCA 224 at paragraph 54 , the B.C.

Court of Appeal noted: [W]here Parliament enacts a minimum sentence provision that dramatically increases the severity of sentences at the low end of the sentencing range, I do not doubt that it is an indication that the offence is to be considered to be more serious than it was previously. [ 38 ] It is abundantly clear to me that extraordinary harm is caused to children by sexual offences committed against them. Parliament has now acknowledged the harm that is done to children through the creation and distribution of child pornography.

Because any image uploaded to the Internet remains forever in the ether, no child who has ever been depicted in those images will ever be free from the reminder of their degradation. In some cases, that fact has led to the harassment and eventual suicide of young people depicted therein. There can be no doubt about the ongoing harm inflicted upon children by the creation and promulgation of child pornography nor by the appetite that is encouraged by accessing it. [ 39 ] Dr.

Morgan notes that: The available research shows that a significant proportion of individuals arrested for possession of child porn[ography] had committed contact sexual offences in the past: NCMEC data indicated that 40% of men arrested for possession of child porn[ography] had also sexually victimized children, and an additional 15% of offenders were 'dual offenders' who tried to victimize children by soliciting undercover investigators who posed as minors online . . .

For many child pornography offenders there already exists a behaviourally demonstrated precedent for committing actual, as opposed to virtual, sexual abuse of a child. [ 40 ] He also notes that: Little is known about the potential for child pornography use to escalate to actual, rather than virtual, sexual abuse of a child for offenders who have no prior history of contact offending. No link between downloading child pornography and committing future contact sexual offences has been established at present, and any links are largely intuitive and theoretical. [ 41 ] In my view, Mr.

Osl's apparent progression from viewing child pornography to posting an ad on Craig's List with the apparent intention of committing a hands-on offence is a basis to infer that such a link is more than theoretical or intuitive. [ 42 ]

Section 718.01 of the Criminal Code provides that the court must give primary consideration to the objectives of denunciation and deterrence with respect to the sentencing of any offence involving the abuse of a person under the age of 18. Obviously, child pornography offences involve the sexual abuse of persons under 18. [ 43 ] While the principles of restraint and rehabilitation remain applicable, they are given secondary status in cases involving child pornography, and I note there a number of cases: R. v. R.L.W. , 2013 BCCA 50 ; R. v. Hopps , 2010 BCSC 1875 ; R. v. Allan , 2012 BCCA 337 [sic] ; R. v.

Hammond , 2013 BCSC 439 . Aggravating factors [ 44 ] The aggravating factors pertinent to Mr. Osl are that Mr. Osl's collection was passively available to the entire world on the Internet and he actively participated in photo-sharing. The collection was quite sizeable, including several hundred child pornography images and videos.

The children depicted included preschoolers up to 15-years-olds, with the majority being preteen, prepubescent females, and the pornography content covered a large range of categories, including sadistic images of bound children being sexually violated. [ 45 ] I also note, as an aggravating factor, that Mr. Osl did not comply with the protective conditions imposed on him while he was on bail. I note that Mr.

Osl appeared to refuse to acknowledge the seriousness of those protective conditions and persisted in protestations of ignorance both with respect to the illegality of possessing child pornography and to the seriousness of violating the protective orders while on bail. [ 46 ] It is abundantly clear to me from the Craig's List advertisement that he posted that Mr. Osl was well aware of the illegality of

sexual activity with a young girl, which is precisely why he sought a secretive girl and said that it must be a secret. I infer, therefore, that Mr. Osl was also well aware that viewing child pornography was illegal, in particular because I note that he directed Ms. D. not to enter into his folder entitled "private," which would have been quite unnecessary had he thought that such material was perfectly legal. [ 47 ] I further note that Mr. Osl was found to be at moderate to high risk of committing further sexual offences by Dr.

Morgan, who was not in possession of the information pertaining to the advertisement on Craig's List at the time that he made that prediction. I find that prediction to be ominously accurate, and Mr. Osl is at high risk to commit a further sexual offence. Mitigating factors [ 48 ] The mitigating factors are that Mr. Osl is a first-time offender, he entered early guilty pleas, and he has indicated a willingness to participate in treatment. Mr. Osl did apologize in court and told me that he hopes to have the opportunity to redeem himself.

Treatment options [ 49 ] I am informed by counsel that the recommended treatment program is offered at the Ford Mountain provincial institution. There is a waitlist for that program, which requires six to nine months to complete once commenced. Sentence range [ 50 ] The Crown's submission, which is acceded to by the defence, is that the sentence range for this sort of offence and offender is 18 months to two years' incarceration followed by probation.

While I acknowledge that many of the authorities cited by counsel provide for sentences in the one-year to 18 months' range, many of those sentences were imposed prior to the legislative amendments currently in place and do not reflect the seriousness with which such offences are now viewed by the court. I am particularly concerned that in Mr.

Osl's case, it appears that he was on the cusp of committing a contact offence while aware he was facing charges with respect to possession and distribution of child pornography. [ 51 ] While his collection may not be as large as some other offenders, it includes, and therefore indicates an interest in, the sexual abuse of very young children and sexual abuse involving bondage. In my view, nothing less than a lengthy incarceration sentence can address the principles of denunciation and deterrence in such a case. [ 52 ] Further, the hope of rehabilitation for Mr.

Osl lies in his successful completion of a sex offender treatment program in custody which will require adequate time to complete. The joint submission [ 53 ] Counsel have jointly submitted to me that a sentence of two years less one day imprisonment should be imposed with respect to Count 1 and Count 2, concurrent with each other, less the time served since September 11, 2014, when Mr. Osl was placed into custody, followed by probation for three years. [ 54 ] I am of the view that such a sentence will achieve the objectives of denunciation and deterrence in Mr.

Osl's case, as well as address the rehabilitative measures which will hopefully reduce the likelihood of his offending in the future. I note that Mr. Osl is a young man, and I hope he will learn from this experience and avoid offending in future. [ 55 ] I therefore do impose the sentence as proposed by counsel, which will be a sentence of two years less one day on each of Count 1 and Count 2, concurrent, less the time served. The actual time served is 202 days, which is the equivalent of 303 days at enhanced credit of 1.5:1. I am prepared to grant enhanced credit.

Thus the remaining portion of the two-year sentence will be 426 new days. [ 56 ] The remaining provisions will be a probation order for a three-year term. Those terms will be, firstly - it will be 100P, Madam Clerk - you shall keep the peace and be of good behaviour. You shall appear before the court when required to do so by the court. You shall notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or the probation officer of any change of employment or occupation. [ 57 ] 102P, Madam Clerk.

Within 72 hours after completing your jail sentence, you shall report in person to the probation office located nearest to the place of your release from custody, and after that you shall report as and when directed by the probation officer. [ 58 ] 107P, Madam Clerk. You shall reside at a residence approved in advance by the probation officer, and you shall not change your residence at any time without first obtaining the written consent of the probation officer. [ 59 ] 123.

You shall not possess or consume any alcohol - and it will be modified, Madam Clerk - intoxicants, or illegal drugs except as prescribed for your use by a physician. [ 60 ] 124, Madam Clerk. You shall not enter any liquor store, beer and wine store, bar, pub, lounge, or other business premises from which minors are excluded by the terms of their liquor licence. [ 61 ] Madam Clerk, this is a no-contact provision. 126P.

You shall have no contact or communication, directly or indirectly, nor be in the presence of any person you know to be or who reasonably appears to be of the age of 16 years or less, except as follows, and that will be sub-condition (b): in the presence of an adult third party with knowledge of this condition approved in writing in advance by the probation officer. [ 62 ] 127P.

You shall not attend at any public park, school ground, daycare centre, swimming pool, playground, skating rink, community centre, or recreational centre where persons of the age of 16 years or less are present or might reasonably be expected to be present, except in the presence of an adult third party with knowledge of this condition approved in writing in advance by the probation officer.

[ 63 ] 128P. You shall not have a functioning Internet connection in your home nor shall you access the Internet from anywhere utilizing any device. And just stop the clause right there, Madam Clerk. No exception. [ 64 ] 129P.

You shall not own, possess, utilize, or access any computers, peripheral devices, data storage devices, portable media, cell phones, smartphones, or any other portable -- just a second; I have got some other ones here -- games consoles, satellite navigation systems - you have got cell phones and smartphones - or any other electronic communication device. [ 65 ] The next term - and Madam Clerk, I do not believe it is in the pick list - you shall not own, posses, utilize, or access any visual- recording equipment, including cameras or video-recording devices. [ 66 ] 130, Madam Clerk.

You shall not possess any pornographic materials or have any pornographic materials in your home, and add in, Madam Clerk, "and you shall not access any pornographic materials by any electronic means." [ 67 ] 131, Madam Clerk. You shall not possess any weapon as defined in s. 2 of the Criminal Code . [ 68 ] 134. You shall not possess any knife outside your residence except for the immediate preparation or eating of food or for purposes directly and immediately related to your employment. [ 69 ] 142P.

You shall attend, participate in, and successfully complete any assessment, counselling, treatment, or other program as directed by your probation officer.

Without limiting the general nature of this condition, such assessment, counselling, or program may include and relate to alcohol or drug abuse, sexual offence prevention, psychiatric and psychological health, and a full-time attendance program for sex offenders, and you shall comply with all rules and regulations of any such assessment, counselling, or program. [ 70 ] I am not sure, Madam Clerk, whether there is a pick list for this one, so I will just read it out.

You shall advise your probation officer of any person you are living with or dating, and provide the probation officer with the name of and contact information for that person. [ 71 ] You must advise any person you are living with or dating of your conviction for these offences, and you must provide that person with contact information for your probation officer. [ 72 ] The next is a Rogers order. So that will be 144P.

You shall take reasonable steps to maintain yourself such that your condition of mental illness will not cause you to conduct yourself in a manner dangerous to yourself or anyone else and it is not likely that you will commit any criminal offence. At the direction of your probation officer, you will attend from time to time upon your treating physician for the purpose of receiving such medical counselling or treatment as may be recommended, except that you shall not be required to submit to any treatment or medication to which you do not consent.

If you do not consent to any form of medical treatment or medication recommended for you, you shall so notify the probation officer immediately. You shall provide your treating physician with a copy of this order and the name, address, and telephone number of the probation officer. You shall instruct your treating physician that if you fail to take medication as prescribed by him or her, or fail to keep appointments with him or her, he or she is to so advise the probation officer immediately. [ 73 ] That is the probation order. Have I forgotten anything, Counsel? [ 74 ] MS.

SCHROFF: No, Your Honour. [ 75 ] THE COURT: Thank you, Ms. Schroff. [ 76 ] MR. JONES: No, Your Honour. [ 77 ] THE COURT: Thank you, Mr. Jones. [ 78 ] The ancillary orders with respect to the s. 163.1 offences are - and I do impose - a DNA order. It is a primary designated offence under the Criminal Code . So that is 161 on the pick list, Madam Clerk.

Pursuant to s. 487.051(1) of the Criminal Code , I make an order in Form 5.03 authorizing the taking of the number of samples of bodily substances by any peace officer for the Province of British Columbia that is reasonably required for the purpose of forensic DNA analysis and registration in the national DNA databank from Nikolas Ryan Osl by April 30, 2015. [ 79 ] I will impose the SOIRA order. That will be a lifetime duration. I take it you have a form of order, Ms. Schroff? [ 80 ] MS. SCHROFF: I do. I'll just show it to my friend. [ 81 ] MR. JONES: Yes. [ 82 ] MS. SCHROFF: Thank you. [ 83 ] THE COURT: Okay.

There is that. [ 84 ] THE CLERK: He has to sign it on the bottom there. [ 85 ] THE COURT: Pursuant to s. 164.2 and 490.1, I order that all items that were seized from Mr. Osl are forfeited to Her Majesty for destruction, and I will make an order of prohibition under s. 161 of the Criminal Code prohibiting Mr.

Osl from attending at a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, school ground, playground, or community centre; from seeking, obtaining, or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity that involves being in a position of trust or authority towards persons under the age of 16 years; of having any contact, including communicating by any means, with a person who is under the age of 16 years unless Mr.

Osl does so under the supervision of a person whom the court considers appropriate; or from using the

Internet or other digital network unless Mr. Osl does so in accordance with conditions set by the court, for lifetime. [ 86 ] Now, anything you wish me to add with respect to the order of prohibition, Ms. Schroff? [ 87 ] MS. SCHROFF: Nothing with -- [ 88 ] THE COURT: Mr. Jones? [ 89 ] MR. JONES: No, thank you. [ 90 ] MS. SCHROFF: Nothing with respect to the order of prohibition, Your Honour. I do note the PSR had indicated that the court may wish to consider a recommendation for classification to the Ford Correctional Centre. [ 91 ] THE COURT: I will make that recommendation. I will recommend that Mr.

Osl be designated to attend the Ford Mountain Correctional Institute, and in particular, to access the sex offender treatment programs therein. [ 92 ] With respect to the breach counts on Information Number 40124-3-A, I will impose a sentence of 30 days each concurrent but consecutive to 40124-4-C. [ 93 ] MS. SCHROFF: I'm sorry, Your Honour. I didn't seek this. I had sought it as an ancillary order on the C4, but with respect to the 3A, there were materials, pornographic materials that were seized from Mr. Osl.

Crown is asking for a 490.1 forfeiture order with respect to those materials. [ 94 ] THE COURT: Granted. [ 95 ] MS. SCHROFF: Thank you. (SUBMISSIONS RE 810.1 RECOGNIZANCE) [ 96 ] THE COURT: Well, the underpinnings for this recognizance have been established. I feel that it is therefore appropriate to impose the terms despite the fact that they are actually redundant. I realize they might have some applicability with respect to Mr. Osl's activities while in custody.

It is hard for me to imagine circumstances under which he might have the opportunity to access the Internet or anything like that, but it may be possible for him to, for instance, place an ad or something that might encourage some sort of contact, so I will impose the recognizance.

It will be for a period of one year, $500, no deposit, no surety, and all of the terms will be identical to those just pronounced in the probation order with the exception, of course, that instead of probation officer the words bail supervisor will be used, and the mandatory condition would be simply 100B: You shall keep the peace and be of good behaviour. Aside from that, all of the terms will be the same. I see no purpose to repeating them. [ 97 ] Madam Clerk, will you need them repeated? [ 98 ] THE CLERK: That's fine, thank you, Your Honour. [ 99 ] THE COURT: Okay. Anything further, Counsel? [ 100 ] MS.

SCHROFF: Crown is asking that Exhibit 3 be sealed, Your Honour. [ 101 ] THE COURT: All right. Yes, Exhibit 3 will be sealed. [ 102 ] MS. SCHROFF: Thank you. With respect to the 3A, Your Honour, 40124-3-A, the Crown directs a stay of proceedings against the remainder of the counts. That's Counts 1, 4, and 5. [ 103 ] THE COURT: Okay. Anything further, Counsel? [ 104 ] MS. SCHROFF: No, Your Honour. Thank you. [ 105 ] THE CLERK: That's all matters, thank you. Order in court. All rise. [ 106 ] MR. JONES: Thank you. [ 107 ] THE COURT: Good luck, Mr. Osl. (REASONS CONCLUDED)