Law360 Canada ( August 1, 2024, 12:11 PM EDT) -- Appeal by Wallis from conviction for possession of child pornography. The offence occurred while the police were executing a search warrant at Wallis’s residence. The police seized a mobile phone that he was holding in one of his hands. The phone was later searched and found to contain 746 images and 42 video files depicting child pornography. Wallis challenged the admissibility of the evidence found on the phone, but it was admitted. The judge then found as a fact that Wallis knew the phone contained child pornography and that he had control over the material. The judge was satisfied the Crown proved possession beyond a reasonable doubt. On appeal, Wallis alleged two errors. First, he submitted that the judge erred in not finding that the seizure of the phone was unreasonable under s. 8 of the Canadian Charter of Rights and Freedoms (Charter). Second, Wallis submitted that in finding he had possession of child pornography, the judge reversed the onus of proof....