Child Pornography Policy (Internet Child Exploitation)
Effective Date: July 26, 2000
Amended Date: November 26, 2003
Amended: January 23, 2008
Amended: October 15, 2012
The Regional Municipality of York Police Services Board (‘the Board’) is committed to the protection of all children in York Region.
The Board believes that all children deserve a high quality of life and the opportunity to live in safe homes and communities. Specifically, children have the right to live amongst us without fear of sexual exploitation.
The Board regards child pornography as a critical law enforcement priority of the York Regional Police. Child pornography degrades children. It is a criminal offence, and will not be tolerated in the Region of York. Therefore, the Board vigorously supports efforts by the York Regional Police and its partners to counter all attempts to exploit children sexually and to eradicate child pornography in the Region of York.
The Board recognizes that York Regional Police and citizens share responsibility for the safety and well-being of children. The Board encourages citizens to report any incident of child pornography immediately to the York Regional Police.
Policy requirements set out in this document shall form part of the Police Services Board Policy Manual and the Chief of Police shall comply with these requirements in directing the York Regional Police.
1. Application and Scope
This policy applies to the Chief of Police and Members of York Regional Police.
This policy supports the right of children to live in a community free of sexual exploitation.
It provides guidelines to the Chief of Police in establishing procedures on the investigation of child pornography (Internet child exploitation) offences.
3. Statutory Authority
3.1 Section 29 of the Adequacy and Effectiveness of Police Services Regulation requires a Police Services Board to have a policy on investigations into child pornography
3.2 Section 12(1)(b) of the Adequacy and Effectiveness of Police Services Regulation requires the Chief of Police to develop and maintain procedures on and processes for undertaking and managing investigations into child pornography.
4.1 Child pornography is defined in Section 163.1 (1) of the Criminal Code of Canada as;
a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means:
that shows a person who is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity; or
the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years;
any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;
any written material whose dominant characteristics is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offense under this Act; or
any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offense under this Act.
4.2 The Criminal Code makes it an offense to:
make, print, publish or possess for the purpose of publication any child pornography (section 163.1(2));
transmit, make available, distribute, sell, advertise, import, export or possess for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography (section 163.1 (3));
possess any child pornography (section 163.1 (4));
access any child pornography (section 163.1 (4.1)).
4.3 Child Luring: Section 172.1 of the Criminal Code prohibits the use of computers to communicate with an underage person or person whom the accused believes to be underage for the purpose of facilitating the commission, with respect to that person, of the specified sexual offenses.
4.4 Internet child exploitation means the victimization of children through the use of the internet and includes child pornography and child luring.
5. Policy Guidelines
5.1 The Board will not ignore or tolerate any incident of child pornography (Internet child exploitation) and considers any crime against children to be a serious offence.
5.2 The Board expects Members of York Regional Police to report any incident of child pornography (Internet child exploitation) to their supervisor in accordance with York Regional Police procedures.
5.3 The Board supports the York Regional Police in its efforts to prevent the sexual exploitation of children by working cooperatively with other police services, children’s help organizations, Children’s Aid Societies, government ministries, and private sector organizations.
5.4 The Board and the Chief of Police shall review resources allocated to the prevention, detection and investigation of child pornography (Internet child exploitation) offences in developing Business Plans for the York Regional Police.
6. Responsibilities - Chief of Police
6.1 The Chief of Police shall develop and maintain procedures that require that investigations be undertaken in accordance with the criminal investigation management plan of the York Regional Police.
6.2 The Chief of Police shall require that the Provincial Strategy to Protect Children from Sexual Abuse and Exploitation on the Internet (Provincial Strategy) be notified in all cases of suspected child pornography (Internet child exploitation).
6.3 The Chief of Police shall also ensure that police officers investigating child pornography (Internet child exploitation) have the requisite knowledge, skills and abilities, and that information technology expertise supports these investigations.
6.4 The Chief of Police shall ensure that the York Regional Police partners with those agencies that can assist in the prevention, detection, and investigation of child pornography (Internet child exploitation) offences.
6.5 The Chief of Police shall ensure support is provided to manage the psychological well-being of members to acknowledge risks associated with long-term effects from exposure to Internet child exploitation investigation-related activities.
6.6 The Chief of Police shall ensure that if the police service does not have the resources to undertake an investigation into child pornography (Internet child exploitation) it should make arrangements with the Provincial Strategy Coordinator to transfer responsibility for the investigation to another law enforcement agency.
6.7 The Chief of Police shall ensure that the Provincial Strategy Coordinator be contacted upon identifying a victim of child pornography (Internet child exploitation) to ensure any images or videos of the identified victim get added to the International Child Exploitation database; and if assistance is required, the Provincial Strategy Coordinator may be consulted to contact a law enforcement and any other relevant agency outside of Ontario in relation to a child pornography (Internet child exploitation) investigation.
6.8 Where the child pornography (Internet child exploitation) investigation meets the criteria of a major case, the Chief of Police shall comply with the procedures set out in the Ontario Major Case Management Manual, designated by the Ministry of Community Safety and Correctional Services.
7. Reporting Requirements
7.1 The Chief of Police shall report to the Board on the incidents of child pornography (Internet child exploitation), the dispositions of criminal offences, and any training and public awareness activities undertaken by the York Regional Police in the York Regional Police Annual Report.
7.2 The Chief of Police shall advise the Board of exceptional circumstances, when they arise.
8.1 The Chief of Police shall ensure that the police service’s skills development and learning plan addresses the training for child pornography (Internet child exploitation) investigators, either through formal training or work under the supervision of or in consultation with a trained investigator.Back to Adequacy Standards