R. v. J.K.

Decided: 2026-10-20. Docket: COA-26-CR-0080. Citation: 2026 ONCA 741 (CanLII). Criminal and statutory offences — Appeals — Conviction — Possession of child sexual abuse and exploitation material — Criminal Code, s. 163.1 — Whether trial judge erred in finding images were CSAEM — Trial judge required evidence in open court despite concession — No error found in CSAEM conclusion — Conviction appeal dismissed | Procedure — Appeals — New issue on appeal — Whether appellant may raise for first time that images are not CSAEM — Issue not litigated at trial and raised for first time in Court of Appeal — Court declines to entertain new argument — Conviction appeal dismissed | Evidence — Appellate record — Exhibits not reviewed — Whether images must be viewed on appeal to determine CSAEM issue — Tri