How Do I Defend Against Child Luring Charges in Canada?

>>How Do I Defend Against Child Luring Charges in Canada?

What is Child Luring?

Child luring, formally known as “luring a child” is an offence under the Criminal Code of Canada (the “Code”), that encompasses communication via the internet with a person that you know, or believe is under the age of 18 years for the purpose of committing any of the following offences:

  • Sexual Exploitation;
  • Incest;
  • Child Pornography;
  • Parent or Guardian Procuring Sexual Activity;
  • Householder Permitting Prohibited Sexual Activity;
  • Trafficking of a Person Under 18; and
  • Obtaining Sexual Services for Consideration from Persons Under 18.

You will also be guilty of child luring if you communicate with someone that you know, or believe is under the age of 16 years for the purpose of committing any of the following offences:

Finally, you will be found guilty of child luring if you communicate with someone that you know or believe is under the age of 14 years for the purpose of committing abduction of a person under 14 years.

Internet child luring charges sometimes derive from miscommunications between the complainant and the accused, and even undercover operations by the police.

For example, a police officer might act as a minor in a chat room or on a networking site to catch people trying to solicit a minor. If you are caught by an undercover agent, you can still be found guilty of this offence even though you never actually spoke to a minor.

You can also be charged with this offence even though you merely thought that you contacted a child with the intention of committing one of the above listed offences.

For you to be convicted of this offence, the Crown Prosecutor will need to prove the following elements beyond a reasonable doubt:

  • That there was intentional communication with the complainant over the internet;
  • That you knew or believed the person was under 18, 16 or 14 years of age, or that you were reckless or wilfully blind to the fact that they were under the age of 18, 16 or 14; and
  • That you were communicating with this person for the purpose of committing an offence listed above.

You are considered “wilfully blind” when you intentionally ignore the obvious in terms of relevant facts or circumstances that would make you liable under a specific offence.

The relevant provision for sexual interference in the Code is:

How Do I Defend Against Child Luring Charges in Canada

The purpose of this article is to provide an overview of the procedural aspects of a child luring charge and the penalties you may face.

For location-specific information, please read the child luring page in the location nearest you or submit a request for consultation.

Investigation of Child Luring Charges

Investigation of a child luring allegation is typically initiated by the parent or guardian of the alleged victim (minor). They contact local police and report it.

The police will request a statement from the complainant and any witnesses, then they will launch an investigation.

Because sexual interference is considered a very serious offence, it requires a thorough police investigation. Police will typically interview the child’s family, close friends, and the child themselves, along with any other witnesses.

Once the investigation is complete, if the police believe you are the perpetrator, you will be arrested.

It is important to note that regardless of whether police release you, after an arrest, the police must provide you with the opportunity to call a lawyer in private.

If you choose to exercise this right, the police must stop questioning you until you have had the opportunity to do so.

As the victim of this offence must be under 18 years old, the prosecutor’s case will usually involve the witness testimony of a person under the age of 18. This in turn triggers several special rules with respect to evidence and procedure that can simplify and strengthen the prosecution’s case against you.

The list of options that may be available to the Crown at your trial include:

  • Letting the witness testify outside the courtroom by television link;
  • Letting a support person sit with the witness while they testify;
  • Prohibiting the accused from personally asking the witness any questions; and/or
  • Playing a video statement made by the witness on a previous date, and letting that statement become evidence.

Bail Process and Conditions for Child Luring Charges

How do I get myself or a loved one out on bail for child luring charges?

With child luring charges, you can expect a formal bail hearing will be required to secure your release.

If you are released following the bail hearing, you will likely be subject to strict conditions, which are outlined below under “how do I change my release conditions for child luring charges?”

The bail hearing can be held within as little as 24 hours, a period that starts from the moment of arrest or detention. However, the Crown can request up to three days to prepare for your bail hearing and in exceptional circumstances may ask the court for longer.

An effective defence lawyer will ensure that your bail hearing occurs as soon as possible so that you are not in custody for any longer than necessary.

Loved ones are not able to contact you while you are detained. Unless the detained person is a minor, the police will not release any information to friends or family due to privacy laws. Your lawyer is the only person allowed to contact you.

Once the police have verified your lawyer’s details, they will pass on information about your whereabouts, if requested.

Given these difficulties, while you are held in custody, it is best to appoint a competent defence lawyer as soon as possible to manage the legal process and communicate with loved ones.

As noted previously, after an arrest, the police must provide you with the opportunity to call a lawyer in private. If you choose to exercise this right, the police must stop questioning you until you have had the opportunity to do so.

Once you retain one of our experienced criminal defence lawyers, we will begin working to secure your release on bail. We will immediately do the following:

  1. Call into the correctional centre where you are being held and speak to you.
  1. Contact the prosecutor assigned to the bail hearing to start negotiating your release.
  1. Order and secure a copy of the police information package that details the allegations against you in advance of the bail hearing. This allows the lawyer to make meaningful representations to the court about why you should be released on bail.
  1. Conduct either an in-person or teleconference bail hearing to secure your release.

When you attend your bail hearing, the judge will consider the following factors:

  • Is detention necessary to secure your attendance in court?
  • Is detention necessary to protect the public from a substantial risk of re-offending?
  • Is detention necessary in all the circumstances to maintain confidence in the administration of justice?

Rest assured, we will work to not only secure your release but also ensure the least restrictive set of bail conditions (including the minimum cash deposit) possible.

For our lawyers to secure less stringent conditions, the judge will need to be satisfied that you will attend court as required, and that you pose no significant risk of harm to the public. This is often difficult in a child luring case, but not impossible.

Our lawyers are often successful at persuading the Crown in charge of bail to let our clients out. If we can’t convince the prosecutor, we can conduct a formal bail hearing and work to convince the court.

Even if you are ultimately detained, we can appeal that decision on very short notice through a bail review.

To learn more about bail hearings in your area, including where your bail hearing will take place and contact information, please read the child luring page in the location nearest you or submit a request for consultation.

Where can I pay bail for child luring charges?

If you or a loved one are charged with child luring and granted bail, you will likely be required to provide a cash deposit to secure release.

The mode by which you pay the cash deposit will depend on the courthouse at which your bail hearing is held. Your defence lawyer will advise you on the procedures specific to your location and will be able to explain the options for payment to you, or to a loved one who is making the payment on your behalf.

To learn more about paying bail in your area, please read the child luring page in the location nearest you or submit a request for consultation.

How do I change my release conditions for child luring charges?

If you are released on bail with child luring charges, you will almost always require a surety, cash, or no-cash deposit. Furthermore, you can expect tight restrictions, including conditions to refrain from:

  • Possessing or using any electronic devices capable of accessing the internet;
  • Attending any playgrounds, parks, or swimming pools;
  • Communicating with children under the age of 18; and/or
  • Leaving Canada.

The judge may also impose additional conditions such as:

  • Residing where approved;
  • Reporting to probation;
  • Attending counselling; and/or
  • Maintaining or seeking employment.

A variety of factors will be considered when determining your precise restrictions, including:

  • Your criminal history;
  • Your physical and mental condition;
  • Your history of drug/alcohol usage;
  • The nature of the alleged offence;
  • The likelihood that you will flee;
  • Whether you have stable employment;
  • Whether you have stable living arrangements; and
  • Whether you have ties to the community.

For your lawyer to secure less stringent conditions, the judge will need to be satisfied that you will attend court as required and that you pose no significant risk of harm to the public. This may be difficult in child luring cases, but it is not impossible.

One of the most onerous release conditions restricts your access to electronic devices capable of accessing the internet. Many employers require the use of electronic devices and the internet.

To preserve your employment, Crown counsel will usually agree to add a narrow exception to the ban, enabling you to access the internet while at work for work-related purposes.

A condition restricting communication with minors under the age of 16 may also prove difficult, especially if you share a house with children.

Depending on your circumstances, we may be able to persuade the Crown to make an exception to the ban on contact with children. For example, we may be able to include an exception allowing contact where the child’s guardian is present.

Once the matter is in court, we can work with the Crown Prosecutor to alter your conditions. This includes adding exceptions to some of the conditions or eliminating them altogether.

If your court date is far away and you cannot wait until then, we can arrange to have the matter dealt with sooner. It is always our priority to stabilize your release conditions. That way, you will not feel pressured to plead guilty because of the restrictive terms of your release.

Once the conditions are manageable and minimally intrusive to your daily routine, we can focus 100% of our attention on defending you.

Penalties for Child Luring Charges

The penalties for child luring can be devastating. These types of charges have mandatory minimum jail sentences that reflect the seriousness of the offence.

Child luring is a hybrid offence, meaning the Crown can choose to proceed by way of summary or indictment, indictment being the more serious of the two.

For a child luring conviction, you can expect:

  • Summary: Minimum imprisonment of 6 months, up to 2 years less a day;
  • Indictment: Minimum imprisonment of 1 year, up to 14 years.

Beyond any immediate jail and/or probation sentence you receive, you can also expect to receive additional penalties, including:

As a registered sex offender, you will have to provide the police personal information including:

  • Where you live;
  • What you drive; and
  • What you do for work.

A conviction for child luring will result in a mandatory minimum 10-year SOIRA order for just one offence, which can have significant and overwhelming consequences for your future.

Under a SOIRA order you are required to report to the Sexual Registry anytime you:

  • Change your address or place of residence;
  • Change employment or volunteer positions; or
  • Travel internationally for more than 7 days.

Furthermore, your personal information will remain in the Sexual Registry database indefinitely.

How Do I Defend Against Child Luring Charges in Canada

Defending Child Luring Charges

What are the best defences to child luring charges?

With child luring charges, the defences that may be available to you depend on the facts of your case. In general, the best defences are:

  • Factual Innocence: This is usually the strongest defence because the facts and the evidence do not support you being there, luring the complainant, or other basic elements of the offence. This could include:

Identity: In some circumstances, you may be able to raise an identity defence. For example, authorities could have made a mistake in identifying you as the perpetrator. To effectively raise this defence, you may need corroborative evidence, such as an alibi to where you were at the time of the offence.

  • No Sexual Intent: To be convicted of child luring, there must be a sexual intention behind the act. If a reasonable doubt can be raised as to the intention of the act, specifically that it was not with sexual intent, it is unlikely that you will be found guilty.
  • Violation of Constitutional Rights: The Canadian Charter of Rights and Freedoms(the “Charter”) sets out your rights before and after your arrest. If the police fail to abide by these rights, it could aid in your defence.

How can I help defend child luring charges?

If you have been charged with child luring, the following can help your lawyer build a strong defence:

  • Take detailed notes about your version of events to provide to your lawyer;
  • Collect and maintain all documents and records about the event;
  • Gather a list of witnesses that may support your version of events; and
  • Log any relevant texts, emails, phone calls or photographic evidence.

As soon as you are released on bail, you should start to gather any information that may be of use to your lawyer. What information is relevant will depend on the facts in your case.

If you are uncertain what information to collect, you should contact us immediately to create a plan of action.

To be truly proactive about the matter, consider doing the following:

  • Secure proof of employment;
  • Secure reference letters;
  • Enroll in counselling (anger management/substance abuse/parenting);
  • Secure a record of prescriptions; and
  • Secure a record of any mental health conditions you suffer from.

These steps can be very helpful for building an effective defence (or convincing the prosecutor to drop the charges altogether).

What can a lawyer do to help me defend against child luring charges?

These types of charges are often assigned to the most senior and experienced prosecutors who have considerable skill and solid reputations.

During our thorough review of the prosecution’s case against you, we will explore the following key issues with you:

  • When and why did the complainant make the allegation against you?
  • Did they have a motive to get you in trouble or deflect blame away from themselves?
  • Is there someone in the alleged victim’s life that is encouraging them to make allegations against you?
  • Does anyone stand to benefit from this accusation being made against you?
  • Did you take reasonable steps to determine the age of the alleged victim?
  • Did the alleged victim mislead you as to how old they were?

In addition, there are certain defence strategies that can be used to aid your cause, including:

  • Assembling documents, photographs, texts, etc. that contradict the allegation and support your defence;
  • Gathering evidence from witnesses that support your version of events;
  • Identifying mistakes in the actions of the police, such as Charter breaches;
  • Uncovering administrative/systemic errors, such as “Jordan delay,” non-disclosure, lost or destroyed evidence, etc.; and
  • Finding weaknesses or “holes” in the Crown’s case that may make it difficult or impossible for them to establish the elements of the offence.

In the case of child luring defences, there are numerous other considerations that your lawyer will need to contemplate that are unique to this kind of charge.

Rest assured, we are up to the challenge.

What’s Next?

Child luring cases are often complex and fact-specific. The circumstances of your case will likely further complicate the matter.

We have tried our best to provide a general outline of what you can expect if you find yourself in this situation, but this is just the tip of the iceberg.

Our team of highly trained lawyers is ready to assist you from any of our eight offices Canada-wide.

To learn more about how we can help, please refer to the child luring page in the location nearest you or submit a request for consultation.

For specific information regarding your claim, please select the location that's closest to you.

2021-11-17T21:04:27+00:00
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All our 30-60 minute free consultations are conducted with one of our Criminal Defence Lawyers and include the following steps:

  1. Gathering of some personal information about you, such as your level of education, occupation, and citizenship status. This information can be crucial for building your defence and seeking a resolution with the Crown Prosecutor;
  2. Careful review of all documents you received from the police. We will explain what each document is, and what you can expect from and need to do for all upcoming appearances;
  3. Critical review of your recollection of events, and any supporting materials you choose to bring with you. This step helps us identify possible defences and avenues for further investigation; and
  4. Discussion of the court process, our fee structure, and what we can do to help.

Beyond these steps, we would be happy to tell you more about us, and answer any questions you may have. If you chose to retain us to help you, we will immediately provide an overview of what steps we plan to take next, and suggestions as to what you should do to improve your chances of a successful outcome.

For the free initial consultation to be as productive as possible, you should bring (or email in advance) the following materials:

  • A written statement (preferably typed) outlining your version of events;
  • All documents that you have been given by the court or by the police;
  • Any disclosure you have received;
  • Photo ID; and
  • Any supporting documents, such as photographs, emails, texts, phone records, medical records, receipts, etc.

Ideally, you will have prepared a copy of these materials for us to keep, but if not, we can always photocopy them during the consultation.

We offer flexible payment options and structures designed to meet our clients’ individual needs. Our lawyers accept all major credit cards, bank drafts, money orders, email money transfers (e-transfers) and, of course, cash.

If you decide to retain us after the free initial consultation, all we need is a retainer (down payment) to get started. The rest of the fee payments for the case can be spaced out over time. We can set you up on a monthly or bi-monthly payment plan, and process payments over the telephone or by email to make it easy for you.

The cost of a criminal defence lawyer will depend on several factors, including:

  1. how complex your case is,
  2. how serious the charges are, and
  3. how experienced the Criminal Defence lawyer is.

The fees of a competent Criminal Defence Lawyer will typically range into the thousands of dollars. The good news is that only a fraction of that amount is due initially. We offer flexible payment schedules so thefees can be paid in monthly installments.

Additionally, we offer flat rate fees, with no hidden costs. It is our standard practice to review all the costs during the free initial consultation. This means you will know exactly what our services cost at the outset and can make an informed decision about how to proceed.