Criminal Code, section 163.1(4.1)

Accessing child sexual abuse material

What the law says

Maximum
10 years
Mandatory minimum
1 year
Kind of offence
Sexual
Prosecuted
By indictment or summary conviction

Struck down: Quebec (Attorney General) v. Senneville, 2025 SCC 33 (1-year indictable minimum violates s.12 of the Charter). Text still shows 1 year (6 months on summary conviction); no minimum applies in practice.

Read the statute on the Justice Laws website

2 cases with this offence

  1. October 24, 2025
    R. v. Tate, 2025 BCSC 2254Distributing child sexual abuse material; Possessing child sexual abuse material, Victoria. Justice Gareth Morley
    2 years less a day jail (18 months concurrent for possession), then 3 years probation
  2. September 25, 2023
    R. v. J.P.M., 2023 NSSC 314Possessing child sexual abuse material; Accessing child sexual abuse material, New Glasgow. Justice Frank P. Hoskins
    • Below the Crown's ask
    682 days imprisonment (concurrent), less 391 days credit for pre-sentence custody, then 3 years probation

Judges who sentenced this offence

All judges by leniency score

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