Edmonton man handed consecutive prison terms for possessing child pornography, luring
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A man caught with hundreds of child sexual abuse images on his cellphone was sentenced Thursday, with an Edmonton judge handing down consecutive sentences for three offences.
Aarron Kowalchuk, who is in his mid-30s, pleaded guilty last year to making sexually explicit materials available to a child, child luring and possessing child pornography.
He admitted that he exchanged messages about sex with a 15-year-old boy and an undercover police officer posing as a 13-year-old girl.
Court of King's Bench Justice Lynn Michele Angotti sentenced Kowalchuk Thursday to more than four years in prison.
He's been in custody at the Edmonton Remand Centre (ERC) since June 2023. He has about a year and a half left to serve after enhanced credit for time already spent behind bars, plus three months of credit Angotti applied, recognizing more onerous conditions Kowalchuk faced as a mitigating factor.
The judge underlined the gravity of Kowalchuk's crimes in her decision. Court heard that a sample of the images in his collection showed children, some as young as toddlers, in degrading and sexualized poses.
"I agree with the Crown: Those who possess child pornography share accountability for the hands-on sexual abuse and its devastating impact," Angotti said.
"There are no words, not vile, filth or disgusting, that can describe how despicable child pornography is."
She also referred to a victim impact statement from the mother of a teen boy Kowalchuk communicated with, saying it was a violation that robbed the family of their sense of safety in their own community.
Judge finds 'troubling' parts of time in ERC custody
Defence lawyer Rory Ziv argued that proceedings against Kowalchuk should be stayed because conditions in the remand centre violated his Charter rights.
Kowalchuk took the stand in January and gave evidence about a diary he kept in jail, noting periods where he said he was "thrown in solitary" and days where he was allowed out of his cell for just 30 minutes, or not at all.
Shortly after going to jail, Kowalchuk's name and charges were publicly reported, and he was put into administrative segregation. That meant being placed on higher security unit with no access to the outdoors — just a "fresh air room" with a window and an exercise bike, where inmates get rotating access for an hour of exercise per day.
ERC director of programs Ian Lalonde testified that Kowalchuk needed a more secure placement because inmates charged with sexual offences, especially against children, are "at extreme risk of harm from other inmates.
"In the pecking order, they're right down near the bottom, if not the bottom," he said.
Lalonde gave evidence that although there were some days Kowalchuk couldn't leave his cell because of operational issues, he was later housed with a group of inmates, and he had more exercise time and "meaningful social contact."
Angotti found that remand centre documentation shows he was typically allowed out of his cell longer than he recorded, and there were valid reasons for times he couldn't leave.
But the judge said parts of his time in custody are "troubling."
She noted that Kowalchuk submitted a written complaint about another inmate assaulting him with a "urine bomb" thrown onto him, and ERC staff responded that the video didn't show the incident.
Lalonde testified that when he reviewed the video before a January court date, he saw that it did, in fact, take place as Kowalchuk described.
Angotti said there's no evidence that there's been an investigation of the staff involved.
"There is no [Charter] breach. ...This does not mean there are not some concerning issues raised about operations at the Edmonton Remand Centre."
Ziv said he's pleased with that acknowledgement.
"She did give my client credit for harsh conditions," he said.
"Specifically, she called out the Edmonton Remand Centre in this case. There was a failure to document, there was a failure to properly orient my client to conditions at the Edmonton Remand Centre when he first arrived there, and the failure to investigate."
Kowalchuk will be restricted from going to places where children may be present after he gets out of custody, and he'll be on the sex offender registry for the rest of his life.
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