Warning: This story contains details some readers may find disturbing
THUNDER BAY — A man who pleaded guilty to numerous charges following the largest child pornography investigation in the city’s history has been sentenced to six years in custody.
Skyler King, 29, appeared before Justice Tracey Nieckarz in a Thunder Bay courtroom on Friday for sentencing.
Earlier this year, King pleaded guilty to one count of making child pornography available, one count of making child pornography, one count of possession of child pornography, one count of voyeurism, one count of exposing his genitals to a person under the age of 16, one count of luring a child under the age of 18, and one count of luring a child under the age of 16.
The Thunder Bay Police Service’s Cyber Crime Unit began an investigation following the RCMP’s Child Exploitation Centre receiving two tips about a user uploading child pornography to social media and messaging sites between November 2018 and February 2019.
Investigators identified King as the user of the accounts and he was arrested in June 2019 and initially charged with possession of child pornography and two counts of distributing child pornography.
The investigation identified a total of 169 victims, the majority of which resided outside of Canada and ranged in age between three and 16 years old. Additionally, more than 45,000 unique images and recordings consistent with child pornography were located on devices seized from King.
“It represents a voluminous amount of child pornography both sent and received,” Nieckarz said. “The images were disturbing to say the least. Given the ages of these children and the acts of depicted, most of them are the victims of horrific and probably repeated sexual assaults.”
Further investigation resulted in additional charges, with King ultimately facing 46 counts relating to child pornography. Following his guilty pleas to the 10 counts in January, all remaining counts were withdrawn.
The Crown was seeking a custodial sentence of seven years, citing the disturbing nature of the offences and noting that had it not been for triable issues, King could have faced a sentence in the double digits.
The triable issue involved in the case was whether King’s charter rights were violated when investigators asked for and were given the passcode to his cellphone before he had an opportunity to speak with a lawyer.
“The Crown recognizes Mr. King’s plea is a significant mitigating factor in the face of such an argument,” Nieckarz said.
Defense counsel Kevin Matthews asked the court to impose a sentence of two years in a provincial facility to be followed by three years probation, arguing more focus should be given to rehabilitation in King’s case.
As an Indigenous offender, a Gladue report in addition to a pre-sentence report was prepared prior to sentencing. Nieckarz noted that King had a stable upbringing though he was described as introverted and shy, as well as suffering from depression.
Nieckarz said there were several mitigating factors in this case, including King’s lack of a criminal record, his age, his desire and progress toward rehabilitation, and his pleas of guilt and expressions of remorse.
“Not only are his guilty pleas indicative of remorse, he expressed remorse in his statement that I understood to be heartfelt and sincere,” Justice Nieckarz said.
“He acknowledges he knew it was not right but felt he could not help himself and needed to see more and more.”
But Nieckarz also reference several aggravating factors, such as the age of the victims, evidence of grooming by King, the misrepresentation of his identity and age online, and that some of the victims may never be identified.
During the sentencing hearing in January, only a community victim impact statement by the group the Phoenix 11 was shared with the court.
Nieckarz noted that many of the victims are from other countries and live in circumstances that result in them becoming victims of child exploitation because of demand created by offenders like King.
“Even children not from our country are deserving of protection of our courts,” she said.
King was ultimately sentenced to six years in custody less time served. With pre-sentence custody credited at 251 real days enhanced to 377 days, along with an additional 90 days credit for harsh conditions while in custody and 150 days for time on strict bail conditions, King will serve 1,573 days, or approximately 4.3 years in a federal penitentiary.
“It will be significant benefit to be placed in facility that provides culturally appropriate programming that permits assessment and treatment for sex offenders and affords him to continue with counselling that has been so beneficial to date,” Nieckarz said.
King is also required to submit a DNA sample, is subject to a life-time weapons prohibition, and must comply with the Sex Offender Information Registration Act for life.
He is also subject to an order limiting his contact with children under the age of 16 unless he is in the company of an individual over the age of 18 for a period of 20 years. King is also subject to internet restrictions, including not communicating with persons under the age of 16.
