Child Pornography Appeal Dismissed – Inclusion of Evidence Valid

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Douglas Urquhart has had his appeal dismissed by the Saskatchewan Court of Appeal.  Mr. Urquhart had plead guilty to one count of possessing child pornography and one count of making available child pornography, contrary to sections 163.1(4) and 163.1(3) of the Criminal Code, respectively.  However, Mr. Urquhart asserted to the court that he only plead guilty believing that he would have the right to challenge the trial judge’s ruling not to exclude evidence obtained by an invalid search warrant at a later point in time.

The trial judge had ruled the search warrant was deficient and invalid in part because it did not sufficiently describe the location to which the warrant was applicable.  Although this breached s. 8 and s. 9 of the Charter, the trial judge ruled that it should not be excluded pursuant to section s.24(2).

The Saskatchewan Court of Appeal held that Mr. Urquhart entered a plea that was valid under 606(1.1) and (1.2) of the Criminal Law Amendment Act, and that he was not entitled to now challenge his case.  The Court went further and stated that they believed the trial judge’s decision to admit evidence was correct under the factors set down by the Supreme Court of Canada in R v Grant.

The Court of Appeal’s full decision can be found HERE.

Information regarding the original trial can be found through the below links.

Child Pornography Download After Traumatic Life Events

Evidence Allowed Despite Invalid Search Warrant

This blog post was written by a CCLA-PBSC RightsWatch student. Views expressed do not necessarily reflect the view of the CCLA or PBSC.