R. v. Labre, 2013 ONCJ 116

COURT FILE No.: Sudbury 12-347 DATE: 2013·03·07 Citation: R. v. Labre , 2013 ONCJ 116 ONTARIO COURT OF JUSTICE BETWEEN: HER MAJESTY THE QUEEN — AND — LAURENT LABRE Before Justice Randall W. Lalande Heard on January 15, 2013 Reasons for Judgment released on March 7, 2013 Julie Y. Lefebvre ........................................................................................................ for the Crown Michael J. Venturi ............................................................................. for the accused Laurent Labre LALANDE J.: REASONS FOR SENTENCE 1: INTRODUCTION [ 1 ] On January 15, 2013, Mr.

Labre entered a plea of guilt to a single count information alleging that between January 1, 2007 and November 28, 2008 he possessed child pornography contrary to

section 163.1(4) of the Criminal Code . The Crown elected to proceed by indictment. Where the Crown proceeds by indictment, the offense is punishable by a maximum of five (5) years and a minimum of 45 days imprisonment. A conditional sentence is not available for this offense. Following a full sentencing hearing, the case was remanded to today for a sentencing decision. 2: FACTS [ 2 ] Mr. Labre resides at 1233 Holland Road in the City of Greater Sudbury with his spouse, Tracy Anne Dicke. They are the biological parents of one child namely, Joshua born on December 3, 1990. [ 3 ] Mr.

Labre owned an HP Pavilion Model 8600 laptop computer which in 2008 he moved into a shed located in the backyard of his residence where he would spend time. In November 2008 the computer was stolen from the shed in the backyard. In December 2008 a call was placed to the Greater Sudbury Police Service indicating that child pornography had been located on the computer. The individual who called police had purchased the stolen computer from a friend of a friend. Constable Hutton seized the computer for investigation purposes as it was believed to be stolen and contain illegal material. Mr.

Labre and his spouse confirmed that the computer had been stolen sometime in 2008. They did not report the theft to police because the computer was an older laptop and they were not interested in making an insurance claim. [ 4 ] A search warrant was obtained in order to analyse the computer. Examination revealed that child pornography was downloaded onto the computer around the dates and times that Mr. Labre had possession of it. These dates were between January 1, 2007 and November 23, 2008.

Detective Constable Susan Leys testified that a forensic review of the computer revealed that there were 1,439 images of child pornography and 52 videos of child pornography. All of the images and videos were not accessible. There were 713 images and 41 videos of child pornography which were accessible. [ 5 ] Officer Leys testified about the nature of the images and videos found on the computer. She also provided comment on a sample CD which was prepared and provided for court purposes. The images and videos are graphic and disturbing.

They portray prepubescent children in bondage, exposing their genitalia and engaged in degrading sexual activity with adults including oral sex and masturbation. One video showed a prepubescent female made to sit on a board from which protruded an artificial penis. Another showed a child urinating in a toilet. In essence, the nature of the images and videos represents a gross affront to the human dignity of the children who were made to participate. They are extremely vile and disgusting.

3: THE ACCUSED (LAURENT LABRE) 3:1 Personal Background [ 6 ] Mr. Labre is 49 years of age. He has no criminal record. He has been involved in a common law relationship with his partner Tracy Anne Dicke for the past 23 years. They have one son, Joshua. [ 7 ] Issues affecting the stability of Mr. Labre’s marital life (and that of his partner) were highlighted by Ms. Richards who prepared a very thorough and helpful pre-sentence report dated November 26, 2012. The report at page 10, in part, states as follows: “They have never separated and both acknowledge they have met and overcome obstacles in their relationship.

The last few years appear to have been particularly stressful for a variety of reasons (issues with their son; issues with regard to sexual intimacy; a strike) causing the offender to find himself in a “dark place” that he admits he attempted to escape via the consumption of alcohol. He does feel his consumption of alcohol at the time contributed to his poor judgment in accessing child pornography on the internet.

At the present time, the offender’s partner, Tracy Anne Dicke remains supportive, indicating she will not abandon the offender and hopes they will be able to continue to move forward from this.” [ 8 ] Mr. Labre’s spouse is very supportive and speaks very positively about Mr. Labre. The following comment is made at page 10 of the pre-sentence report: “Tracy Anne Dicke described the offender as a “very attentive spouse” who is “kind” and “wants to know how I am feeling; values my opinion”. She echoed his contention that she has been committed to him as her best friend for 23 years.

As a father, she related that the offender has always been very involved in their son’s life and activities; always trying to help him; and engage him in outdoor activities.” [ 9 ] Mr. Labre completed grade 12 at LaSalle Secondary School in 1983. He completed a 40 week heavy duty equipment mechanic program at Cambrian College in 1986. In addition to a number of mandatory courses relating to his employment, he also completed a three year information systems program at Cambrian College in May 2000. [ 10 ] Since approximately 1985, Mr. Labre for the most part has remained employed.

He is known to have a good work ethic. In the year 2000, he was hired by Vale/Inco as a trainer/instructor in warehousing logistics. He states to truly enjoy his work. He indicated that he advised his supervisor about being charged with this offense. He expresses concern that a period of incarceration may result in a “break in service” which could jeopardize his employment status. [ 11 ] Mr. Labre indicates that at or around the time he committed the offense, he was in a “dark place”. More particularly, he was having difficulty with his teenage son’s conduct and health. There was a spousal issue that he and Ms.

Dicke were dealing with and he was undergoing strife in the employment arena. It was at this time in his life that Mr. Labre emotionally faltered and required medication to cope with his anxieties. To some extent, he chose to self-medicate to escape the stress and unrest he was enduring. There was an increase in his alcohol consumption. He reported to Dr. Valliant that he felt that his family was falling apart.

It was at this low ebb in his life that he isolated himself in the shed and accessed the child pornography which became the subject matter of the charge. 3:2 Circumstances After the Offense [ 12 ] After 2008, Mr. Labre discontinued isolating himself in the shed on his own. He is reported to have begun volunteering in the community. He became active within his union. He became a volunteer adult peer tutor at Vocational Resources at Sudbury. [ 13 ] After being charged Mr. Labre attended to see his family doctor. She provided a sedative to help him sleep. [ 14 ] In May 2012, Mr.

Labre attended for the completion of a psychological assessment and risk evaluation with Dr. P. Valliant. A very detailed and informative report dated June 4, 2012 was completed. The report was extensively referred to by counsel during submissions. The purpose of the assessment completed by Valliant was to evaluate Mr. Labre’s level of risk. The assessment also sought to evaluate his cognitive capacity, personality and underlying dynamics. The report was also extensively referred to by Ms. Richards in the pre-sentence report. [ 15 ] In July 2012, Mr. Labre and his wife chose to attend family counselling with Mr.

Allen Chislette who is a psychotherapist. Mr. Chislette indicated that he is prepared to continue to work with Mr. Labre so long as Mr. Labre remains interested in counselling and is prepared to attend scheduled appointments. 4: DR. VALLIANT’S REPORT [ 16 ] Dr. Valliant’s report was prepared as a result of a referral by Mr. Labre’s lawyer. Interviews were conducted with Mr. Labre’s wife, his past employment supervisor and two close friends. Mr. Labre was extensively interviewed himself following which a battery of psychometric tests were administered to obtain his psychological profile.

He was noted as being compliant. He readily disclosed details about his past behaviour. [ 17 ] In his conclusory comments, Dr. Valliant indicated as follows: “...Overall, Mr. Labre is aware of the wrongfulness of downloading child pornography. Mr. Labre appreciated the gravity of his actions and he expressed remorse. Mr. Labre expressed that he was motivated to participate in counselling to correct his past actions. This client’s results would indicate that he is not a sexual psychopath nor does he show a high probability toward re-offending. Mr.

Labre would benefit from remaining in the community so that he can care for his family and receive treatment/counselling”. [ 18 ] A number of important points relevant to the preparation of the report and its recommendations were discussed by Dr. Valliant in response to incisive questions posed in cross-examination. Dr. Valliant provided additional insightful commentary which included the following:

- That attraction to child pornography may be characterized as a form of addiction; - That there is a consensus among some experts that an addiction to pornography may be progressive. In other words, persons may start out watching adult pornography, progress to child pornography and then progress to pornography involving violence and degradation; - That persons watching child pornography may become desensitized to the trauma inflicted on the children being victimized; - That Mr. Labre may, in particular, have been distraught and for that reason tried to escape day-to-day reality by watching child pornography.

On the other hand, his reason or reasons for watching child pornography may be questioned in light of the fact that he did so for an extended time (approximately two years); - That on-line offenders may be different from hands-on offenders. Many on-line offenders may have a higher intellect. Mr. Labre, in particular, is very intelligent. His full scale intelligence quotient of 120 places him in the 91 percentile rank. As such, Mr. Labre is fully capable of understanding and appreciating the wrongfulness of his actions; - That Mr.

Labre portrays himself as socially acceptable and would not feel comfortable if not perceived as such by others. [ 19 ] Dr. Valliant indicated that Mr. Labre appears to fit the profile of a person with obsessive, compulsive personality traits. This constitutes part of his overall makeup and is not something which necessarily leads to the commission of this type of crime. On the basis of his analysis, Dr. Valliant is confident that his findings today are equally applicable and relevant as at the time that Mr. Labre committed the offense. [ 20 ] In terms of recommendations, Dr.

Valliant would indicate the following: 1) That a sex offender relapse program would assist Mr.

Labre in learning acceptable behaviour and the risk factors associated with relapsing into further use of child pornography; 2) That he would benefit from a counselling program where he could learn strategies and better coping mechanisms to help him cope with the precursors that can lead to unacceptable activities; 3) That he may need to partake in family therapy to assist him and his family with personal change and how to cope with his son’s recent medical diagnosis. 5: PRE-SENTENCE REPORT [ 21 ] In the pre-sentence report Ms. Richards indicated that Mr.

Labre presented in a forthright manner, provided information requested and responded to questions posed appropriately. She indicated that Mr. Labre appeared very much to want to be seen as a positive and productive member in the community. He expressed remorse and made comments such as “I hate myself for this”. He expressed regret at having exposed his family to the ordeal of him having been charged. He also indicated that he recognizes that he is fortunate that his spouse and son have chosen to remain supportive of him despite the impact of his behaviour on their lives. In her conclusion, Ms.

Richards indicated as follows: “In addition to any other disposition under consideration by the court, the offender is assessed as an appropriate candidate for community-based supervision. He has taken action to deal with his offending behaviour in advance of any possible court order which is assessed as accepting of his accountability for his actions.” 6: POSITIONS OF CROWN AND DEFENCE 6:1 The Crown’s Position [ 22 ] The Crown conceded that in comparison to other cases, Mr. Labre may not have had a large collection of child pornography.

Nonetheless, his collection was substantial, involved gross and demeaning subject matter and was collected over a fairly lengthy period of time extending 22 to 24 months. [ 23 ] In the Crown’s submission, the case law reflects that Mr. Labre fits the profile of many other offenders sadly convicted of accessing or possessing child pornography. These would include persons who are intelligent, well-educated, enjoy family support and have no criminal record. It is therefore not these factors, submits the Crown, which on their own, trigger minimum custodial sentences as contemplated by the Criminal Code .

Sentences which flirt with minimum ranges must, according to the Crown, be reserved for exceptional cases. [ 24 ] The Crown spoke of the principles of sentencing and referred to excerpts from several key cases contained in a prepared case book. The Crown emphasized that primary consideration must be given to the principles of denunciation and deterrence because by accessing or possessing child pornography Mr.

Labre was effectively participating in the encouragement of the existence of these types of images and videos which can only be seen as repeatedly victimizing the children made to participate. [ 25 ] The Crown placed a different spin on the many letters of support filed by the defence. She suggested that these may be seen as showing that negative fallout from the community may only have marginally impacted Mr. Labre’s lifestyle. In other words, within the sphere of Mr. Labre’s circle of acquaintances, friends, work colleagues and family, did anything really change since he was charged? [ 26 ] Although Ms.

Lefebvre acknowledges that Mr. Labre is gainfully employed, she not incorrectly pointed out that the issue of his job being jeopardized is something that is self-reported. There is no extraneous proof of this exact fact plus it is well-known that persons employed by Vale Inco often seek the help from their union. There is no evidence of any such effort taking place.

[ 27 ] On a further note, the Crown acknowledged Dr. Valliant’s conclusion that Mr. Labre is not a paedophile, a psychopath or a person who shows a high probability to re-offend. Against this backdrop, the Crown dangled the thought that something other than Mr. Labre being in a “dark place” for a limited period of time must have led to his desire to do what he did. [ 28 ] In discussing the case law and balancing all factors raised in her submissions, the Crown suggested that an appropriate sentence would involve a period of custody in the range of six to twelve months.

The Crown is asking the court to consider a period of custody of no less than six months followed by a lengthy three year probation order with conditions including specific wording to deal with Mr. Labre’s access to the internet via computers, cell phones, tablets or other devices. The Crown also seeks other ancillary orders. 6:2 Position of the Defence [ 29 ] Mr. Venturi stated that there is not good way for his client to be in court facing this kind of charge. On that point he is correct.

There is no way around the argument that those who wish to possess child pornography encourage the sexual abuse of children by providing a market for those who produce it. Therefore, simple possession (or accessing) of child pornography must also be treated as a very serious offence. [ 30 ] Mr.

Venturi referred to the Duval decision decided by Justice Hogan of the Ontario Court of Justice in 2007 and in particular, paragraph 4 thereof which in part adopts the following statement: “...while it has been helpful to review the cases provided to me some involving an accumulation of violent pornographic material some offenders with criminal records, disclosing actual abuse of children, others involving first offenders and so on, I have come to the conclusion that sentencing in this area is inexorably a fact driven process.

Each case rests upon the nature and circumstances surrounding the offence and the offender.” [ 31 ] Mr. Venturi emphasized that Mr. Labre’s computer was used to access child pornography in 2007 and 2008. There is no evidence of similar conduct after that time. He co-operated with the investigation. He sought help arguably to better his understanding of his condition at the time that the activity occurred and to ensure that it does not happen again. [ 32 ] Mr. Venturi urged the court to consider a custodial period beyond the legislated mandatory minimum.

He suggested a period of custody of 90 days, namely twice the mandatory minimum, to be served intermittently. Mr. Labre is the family bread-winner. He considers himself fortunate to be employed full-time by Vale/Inco for the past 13 years. He does not want to jeopardize the security of his job, nor does he want the family income to suffer. Mr.

Labre does not disagree with the Crown’s submissions regarding ancillary orders and the imposition of lengthy term of probation with appropriate conditions. 7: ANALYSIS [ 33 ] As already indicated, both counsel provided cases dealing with sentencing and child pornography in support of their respective positions. The law is clear that each case turns on its own facts. The cases referred to however, provide guidance in terms of valuable judicial reasoning in dealing with principles of sentencing measured against the unique facts of each case.

The case law, as provided, not only provides guidance in the sentencing process but also assists in identifying an appropriate sentencing range. [ 34 ] There are distinctions with this case and facts contained in several decisions provided and referred to by the Crown.

For instance: • This is not a case of the police discovering a vast amount of sexually explicit material organized in folders by category; • This is not a case of an accused’s moral blameworthiness being higher because of his training in sexual abuse and involvement as a volunteer with youth; • This is not a case of actual production of child pornography; • This is not a case where an accused possessed a sophisticated collection and was actively engaged in file sharing or the distribution of child pornography. [ 35 ] On the other hand, although this case is factually different in many respects from those mentioned by counsel, similarities do exist.

For instance, Mr. Labre does not have a criminal record, he expresses remorse for his conduct, he has sought counselling, he has attended for an assessment after being charged, he is gainfully employed and has the support of acquaintances, family and friends. [ 36 ] I shall not refer to all of the cases cited by counsel. The following two cases do contain some similarities.

They also provide excellent judicial insight on the issue of sentencing: • In the Dumais decision decided by Justice Ratushny of the Supreme Court of Ontario on January 10, 2011, the accused had no criminal record, continued to be employed and had the support of his family and friends. He was a well-educated elementary school teacher. He had served four days pre-trial custody then complied with strict bail conditions for a period of twenty-one months. He provided a medical report placing him at low risk. He accepted responsibility for his actions and was remorseful. He entered a plea of guilt.

The conviction held serious personal repercussions as he lost his career as a teacher. The Crown asked for a period of custody of twelve months. The defence submitted that 90 days was sufficient. The court imposed a period of incarceration of nine months and indicated that the 90 day intermittent sentence requested by defence counsel was understandable, however, inadequately reflected the seriousness of the crime in all of the circumstances. It should be noted that Mr. Dumais was found to be in possession of 170 images and 44 movies. • The decision of Kostas can be found in defence counsel’s case book.

It was decided by Justice Hearn of the Ontario Court of Justice May 5, 2008. The case is a bit dated in view of a number of more current decisions calling for stiffer penalties. On the other hand, the

date of the decision is not inconsistent with the time that this offence occurred. Mr. Kostas was 18 years old and a self-admitted pedophile. The fact he was youthful was a potential mitigating factor, however, the fact that he was a self-admitted pedophile was not. He had no prior adult record. The Crown sought a sentence of three to six months followed by three years probation. The defence sought a sentence in the range of 90 days followed by various orders including a three year probationary order. Mr. Kostas had been collecting child pornography for about two years.

The videos seized were of extreme abuse quality. Mr. Kostas was in possession of approximately 50 videos and over 100 child pornography images. The court imposed a sentence of 90 days intermittent plus three years probation. It was noted that Mr. Kostas was genuinely and sincerely remorseful and fully appreciated the seriousness of his action. [ 37 ] In determining a proper sentence the court must not fail to apply proper weight to all relevant aggravating and mitigating features.

The following aggravating features are to be considered by the court: • The very youthful age of the children photographed; • The number of videos and images possessed; • The repulsive and repugnant nature of the sexual acts depicted with pre-pubescent children forced to take part; • The duration of time over which the videos and images were collected and kept; and • The overall nature of the crime itself. [ 38 ] In terms of mitigation, the following has been considered: • The absence of a criminal record; • Mr.

Labre’s plea of guilt; • The lapse of time without apparent incident between the time of collection and the time of Mr. Labre’s arrest; • Mr. Labre’s compliance with the judicial interim release order; • His co-operation with police; • Steps taken by Mr. Labre at self-rehabilitation at his own expense and initiative; • His level or remorse as confirmed in Dr.

Valliant’s report and as expressed by himself in open court; • His otherwise good conduct within the community; • His willingness to undergo a rigid assessment although this occurred after he was charged; • The positive aspects of his pre-sentence report; • His long-term, gainful employment; • The supports he enjoys from family, friends and co-workers. [ 39 ] The Crown did point out that private counselling received by Mr. Labre from Allan Chislette may not have been that profitable. Mr. Chislette felt that there was a little reluctance on Mr. Labre’s part to openly engage.

He pondered the thought that perhaps Mr. Labre was saying things that he wanted his counsellor to hear rather than saying what he needed to say. Mr. Chislette indicated that he was prepared to continue to work with Mr. Labre if he is interested to do so. There is no specific information in terms of targeted future appointments. [ 40 ] The principles of denunciation and deterrence given the nature of offence are paramount considerations in this case.

That being said, the court must also take into account the principle of proportionality and the applicable aggravating and mitigating circumstances relating to the offence. In essence, the possession of child pornography is a crime of enormous gravity both for the affected victims and society at large. It is an offence requiring the imposition of a sentence denouncing the moral reprehensible nature of the crime, deterring others from the commission of the offence and reflecting the gravity of the offence. [ 41 ] I am satisfied on the basis of Dr. Valliant’s report that Mr.

Labre does not show a high probability to re-offend and has expressed remorse. Furthermore, although the evidence tends to show that he has not exhausted efforts at seeking counselling, he has taken steps in the right direction. He has co-operated with the police. He benefits from a supportive family. He has disclosed the nature of the offence to numerous friends, acquaintances and co-workers and continues to enjoy strong support. Generally speaking, Mr.

Labre appears to have good insight into the seriousness of the offence and has expressed a strong willingness to continue with whatever path future treatment may require. [ 42 ] Ms. Richards who authored the pre-sentence report felt that by taking counselling on his own before court, Mr. Labre demonstrated that he was accepting accountability for his actions. She also assessed him as a good candidate for community-based supervision. Her report is straightforward and pragmatic as evidenced by her comment that Mr.

Labre may indeed have an issue with the consumption of alcohol even if he does not think that he does. [ 43 ] The facts surrounding the commission of this offence are relatively unique. The last time the computer was used to access child pornography was in late November 2008. The computer was stolen in December 2008. The child pornography content was discovered by a person who purchased the computer from the thief. Mr. Labre was charged approximately 3 years and 2 months after the fact. The information was sworn January 27, 2012.

[ 44 ] There is no evidence that similar offending conduct occurred on Mr. Labre’s part post-November 2008. In fact, the police search revealed the contrary. The computer searched in the home did not contain child pornography. On the face of it the information before the court is not inconsistent with Mr. Labre having ceased to possess child pornography after the end of November 2008. Notwithstanding the time gap he then not unwisely sought help.

It is not to be ignored that he did so, in part, at the recommendation of his lawyer after being charged. [ 45 ] This case is not like many others where the offending conduct remains ongoing until the accused is found out. As stated, by the time police came knocking on Mr. Labre’s door, there was no indication that he had in any way continued to access child pornography. For the most part, he was fully engaged as a family man and productive citizen.

The court also remains mindful that it is important to distinguish between sentences given for simple possession of child pornography as opposed to producing, sharing or making available child pornography. In the latter-type offences, a more significant sentence will usually be imposed. 8: DECISION AND SENTENCE [ 46 ] In considering the totality of the case law, I cannot in a general sense disagree with the Crown’s submission that a proper custodial range to be considered should be in the vicinity of 6 to 12 months. On the other hand, Mr.

Labre’s personal circumstances as well as the circumstances touching upon the commission of the offence would, given the unique facts of this case, militate against imposing a sentence at the high end of the range.

Furthermore, taking into account issues of remorse, insight, treatment possibilities, the passage of time since the last item of child pornography was accessed by the computer, admission of guilt, low risk to re-offend and all other factors including the size and nature of the collection, a more measured approach is called for. [ 47 ] Although I agree that the Crown is on target with her submissions, I must on balance, and taking into account the unique circumstances of this case, impose a penalty lesser than the suggested range but above the minimum mandatory stipulated in the Criminal Code .

The decision to do so is indeed a close call but in my view properly meets the fundamental purposes and objectives of sentencing as contemplated by

section 718.1 and 718.2 of the Criminal Code and as judicially addressed in many of the helpful decisions referred to by counsel. [ 48 ] For the above reasons, Mr. Labre shall be sentenced to a period of custody of 90 days. He shall, in accordance with

section 732 of the Criminal Code , be allowed to serve the sentence intermittently. He will be taken into custody today for processing and then released. He will then surrender himself in custody at the jail in Sudbury at 8:00 p.m. on Friday March 8, 2013 and remain in custody until 5:30 a.m. on Monday, March 11, 2013 and thereafter between each subsequent Friday at 8:00 p.m. until the following Monday at 5:30 a.m. until the sentence order has been satisfied. [ 49 ] Mr.

Labre shall be placed on a probation order extending 3 years commencing today with the following terms and conditions: 1) Keep the peace and be of good behaviour; 2) Appear before the court when required to do so by the court; 3) 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; 4) Report to a probation officer within 48 hours and thereafter as required by the probation officer and in a manner as directed by the probation officer; 5) Remain within Ontario unless written permission to go outside Ontario is obtained from the court or the probation officer; 6) Attend for and actively participate in, to the satisfaction of his probation officer, any assessment, treatment or counselling as required by his probation officer, including sex offender specific therapy and/or treatment or therapy focused on Dr.

Valliant’s recommendations; 7) To sign whatever consents or releases may be required to monitor and verify compliance with any assessment, treatment or counselling and to provide written proof of completion of any assessment, treatment or counselling as may be required by his probation officer; 8) To share and discuss the content of Dr. Valliant’s report with his probation officer; 9) Not use a computer system within the meaning of

section 742.1(2) of the Criminal Code or any other device capable of connecting to the internet except as required for employment purposes and only in a specific workplace as approved by his probation officer; 10) Not to communicate with anyone under the age of 16 years using the internet or e-mail; 11) Not apply for or accept admission into any temporary absence program at the jail. [ 50 ] This offence is a primary designated offence for the purpose of making a forensic DNA Data Bank order under

section 487.051 of the Criminal Code . The order is granted. [ 51 ] Under

section 490.012 on application of the prosecutor, the court must make an order requiring Mr. Labre to comply with the Sex Information Registration Act . The order is granted requiring that he comply with the provisions of the Act for a period of ten (10) years. [ 52 ] There shall be an order pursuant to

section 161 of the Criminal Code for a period of ten (10) years prohibiting Mr. Labre

from:

a) Attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to present or a daycare centre, school ground, playground or community centre;

b) 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 a person under the age of 16 years; or

c) Using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under the age of 16 years. [ 53 ] There shall be an order that the HP Pavilion Model 8600 laptop computer, its hard drive or any other device attached to it, seized by the police, be forfeited to the Crown and disposed of as the Attorney General directs. Released: March 7, 2013 Signed: “Justice Randall W. Lalande”