Law360 Canada (August 16, 2023, 6:00 AM EDT) -- Appeal by Kwok from his conviction for possession of child pornography, accessing child pornography, and making child pornography available. The appellant argued that the trial judge misapprehended evidence by using material that was not in evidence. The police identified a computer that had downloaded files linked to a network suspected of sharing child pornography. The police were able to trace the IP address to a subscriber, the appellant’s father. A search warrant was executed at the appellant’s father’s house. In a basement room there were numerous digital devices, including two computers and four hard drives. The password-protected computer contained some personal information and documents, with various dates, that related to the appellant. The appellant was not at the house when the police attended. There was no surveillance evidence of him being at the house. No one testified that he lived there. The appellant was arrested at his place of work. The trial judge agreed with defence submissions that the investigation was problematic as there was no testimony or surveillance indicating that the appellant resided at the home, but he explained why he still was able to conclude that the appellant downloaded, organized, and viewed the illicit material. The trial judge used dates when files or folders containing illicit material were created, and in one case, used a date when an illicit image was viewed, that were not in evidence....