Child sex material bust sees Nanaimo area man jailed

An agreed statement of facts outlined by Crown Counsel’s Leanne Mascolo revealed Clark uploaded illegal material to the Pinterest social media platform in October 2022.

Clark did so under the username: CodyClark09.

His internet provider assisted Nanaimo RCMP in linking the IP address to where the illegal material was uploaded.

Nanaimo RCMP surveillance of the home confirmed Clark was a resident of the address in Cedar, south of Nanaimo.

Armed with a search warrant, Nanaimo RCMP arrested Clark at his home during a May 18, 2023 police raid.

Multiple electronic devices were seized, including an iPhone in Clark’s pocket.

“Cody Clark knowingly possessed 36 still images of child pornography depicting nude girls between the ages of 12 and 17,” Mascolo told court, who provided detailed descriptions of several girls being exploited by forced posing.

The search history of Clark’s phone was relayed in court: “18 CP XXX, 16 leaked nude, 15/17 CP”.

A pre-sentence report, along with a psychological assessment and Gladue letter, were conducted and submitted to the court.

Clark self-reported his cocaine use was “100 per cent” linked to the offending.

“Mr. Clark reported that he would view child sex abuse material after partying between two and five a.m., and he would never do it at home because of his children,” Mascolo said.

Notably, Clark didn’t acknowledge any sexual motivation for his offending during a two-and-a-half-hour interview with a psychologist.

The expert considered Clark to be an average risk to re-offend.

Clark’s offending insight was “not well developed,” according to the report.

Addressing the underlying challenges he had were in the “pre-contemplative stage,” the forensic evaluator found.

The psychologist believed other factors contributed to his offending, including Clark being isolated at a rural out-of-town work camp, as well as poor problem-solving and emotional coping strategies.

Clark saw a counsellor twice since his arrest but reported the sessions weren’t a good fit.

Clark also stated the last time he used cocaine was four to five months prior to his arrest.

Court was told Clark fully complied with his bail conditions, which lasted two-and-a-half years.

A Gladue letter stated Clark was disconnected from his Indigenous heritage, which factored into the sentencing decision.

Sex offender registry arguments

Prior to October 2022, all convictions in Canada for child pornography-related offences (now known as child sex abuse/exploitation material) were automatically placed under the Sex Offender Information Registry Act (SOIRA), commonly known as the National Sex Offender Registry.

Exclusion from the registry is now possible, following a Supreme Court of Canada ruling stating automatic SOIRA registration was unconstitutional since the act violated a section of the Canadian Charter of Rights and Freedoms.

The SOIRA database allows police nationwide the ability to more easily track the whereabouts of convicted sex offenders, including home and employment addresses, which can lead to unannounced site visits to ensure compliance.

Clark’s lawyer, Dina Diab, argued her client’s inclusion in the registry would be grossly disproportionate.

She focused on the privacy and liberty of Clark and his family, who she said have suffered “extrajudicial punishment” at the hands of localized vigilante justice.

Diab said the family’s property has been vandalized, while in-person conflicts and social media discourse, including anonymously posted material, have left the family fearful.

“This bullying has been happening, I’m told, for about three years persistently,” Diab said, who noted Clark was fired from two jobs as a result of members of the public lashing out against him.

A recently spray-painted message on Cedar Rd. demanded Clark leave the community, Diab noted.

She submitted several pictures to the court documenting the hardship the Clarks have gone through.

Diab stated her concerns about Clark potentially not being able to abide by certain SOIRA terms since he began a five-year contract in August to work at a substance-free rural Alberta work site.

Arrangements were made in advance for Clark to take a leave of absence due to his imminent jail sentence, Diab informed court.

Stating Clark made multiple attempts for counselling, she acknowledged his focus was earning money to support his family.

Diab stated Clark “has internalized a lot of this”, which was also outlined in character reference letters submitted by family members.

She pointed to a submission by Clark to his probation officer stating he gained insight into how possessing illegal child sexual abuse material contributed to the victimization of vulnerable children.

The Crown’s Mascolo vehemently opposed the SOIRA exclusion request.

“There is a risk that Mr. Clark will re-offend and that should be noted by the court when determining whether to impose this order,” Mascolo said.

Clark sat silently in court during the sentencing hearing, joined by his wife and several other family members.

Clark made a brief statement to the court where he apologized to his family and thanked his lawyer.

While acknowledging evidence of harassment the offender has faced, provincial court judge Chris Churchill wasn’t convinced Clark falling under a SOIRA designation would factor in.

“Many individuals charged with offences of a sexual nature that relate to children endure difficulty on social media and in the community of varying levels.”

Judge Churchill didn’t buy Clark’s assertion cocaine use was the lone factor behind his offending.

“We have many people who come before the courts with substance abuse issues, whether it’s cocaine or alcohol or any other drug — fentanyl, methamphetamine, you name it; but it doesn’t necessarily lead to offences of this nature, in fact, most of the time it doesn’t.”

Clark is eligible to apply to have his name removed from the National Sex Offender Registry after five years.

His post-release probation terms include counselling, as well as numerous in-person and internet bans involving contacting or being in the presence of non–family members under the age of 16.

A DNA order against Clark was also made.

Clark had faced a charge of importing/distributing child sex abuse/exploitation material, which was dropped in exchange for the guilty plea.

Crown counsel and defence agreed on the jail and probationary terms, which were accepted by judge Churchill.

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by Ian Holmes

Child sex material bust sees Nanaimo area man jailed

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