Investigation began in 2023, scope emerged months later
Thunder Bay – NEWS – A Thunder Bay man is awaiting sentencing after a Cyber Crime Unit investigation that began in 2023 and ultimately produced what court reports show is one of the largest seizures of child sexual abuse and exploitation material (CSAEM) ever described in local proceedings.
Thunder Bay Police and local media initially reported on this case in August 2023 after officers executed a search warrant at a north-side address and seized “several electronic devices,” leading to charges against Justin John Mach.
The charges
Mach was charged with offences commonly reported at the time as “child pornography” offences—language that has since been updated in federal law to “child sexual abuse and exploitation material.”
The 2023 reporting indicated Mach faced charges including possession, accessing, and distribution/making available.
Under Criminal Code s. 163.1, these offences carry serious maximum penalties and mandatory minimums when prosecuted by indictment.
Court reports show: 14 devices seized; 4,513,813 files located
While early public reporting focused on the arrest and the initial device seizure, court reports show investigators later located 4,513,813 images and videos across 14 electronic devices.
NetNewsLedger is not publishing graphic descriptions of illegal material. The public-interest focus remains the scale, the repeat-offender history, the court process, and the sentence the court will impose.
A digital-forensics reality: only a fraction formally categorized
Court reports show investigators told the court that, because of the sheer volume, police had the resources to formally categorize approximately 84,000 files—warning that classifying the remainder would have required extensive time and specialized personnel.
This is consistent with what police services across Canada routinely emphasize: CSAEM investigations involve painstaking digital triage, forensic imaging, and evidence continuity, often requiring specialized units and long timelines.
Bail and court status
Court reports show Mach was later released on a recognizance with strict conditions and a surety. (NetNewsLedger is not publishing the surety’s personal details.)
Guilty plea entered; sentencing positions filed
Court reports show Mach appeared before Ontario Court of Justice Justice Emily Beaton on January 23, 2026, and entered guilty pleas.
On sentence, court reports show the Crown has argued for a six-year penitentiary term, while the defence has suggested five years. Justice Beaton reserved decision to review case law and is expected to impose a custodial sentence, with the remaining question being the length.
Court reports show Mach remains on bail pending sentencing expected in April 2026.
A repeat offender: prior case history in Thunder Bay
Mach’s earlier CSAEM-related contact with the criminal justice system has been reported publicly for years.
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In 2014, NetNewsLedger reported TBPS executed a Cyber Crime Unit warrant at a Lake Street residence, seizing computers and storage devices, and charged Mach with possession and making available offences.
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In August 2023, Mach had a prior 2016 conviction and was sentenced to 16 months at that time.
Why language matters — and where to report concerns
Canadian law and victim-advocacy organizations have pushed to replace the term “child pornography” with language that reflects reality: the material documents abuse and exploitation, not “pornography.”
Canada’s legal framework for what was long called “child pornography” has undergone major change in the past decade-plus, shaped by three forces: Parliament repeatedly raising penalties, advocates pushing for victim-centred language, and courts—most recently the Supreme Court of Canada—reasserting that mandatory minimum jail terms must comply with the Charter.
Here is a plain-language guide to the biggest shifts that matter to readers, families, and local court watchers in Northwestern Ontario.
1) The biggest language change: “Child pornography” is now “CSAEM”
In October 2024, Parliament passed legislation replacing the term “child pornography” with “child sexual abuse and exploitation material” (CSAEM) across federal law—recognizing that the material documents abuse, not “pornography.” The law received Royal Assent on October 10, 2024, and came into force on the first anniversary—October 10, 2025.
That change is reflected in the Criminal Code’s core CSAEM provision (formerly s. 163.1 “child pornography”), including the definition and offence wording.
Why it matters: it shifts legal and public discussion toward victimization and exploitation—without changing what conduct is illegal.
2) Penalties ratcheted up in two major steps (2012 and 2015)
2012: Mandatory minimums introduced for possession and accessing
In 2012, amendments associated with the Safe Streets and Communities era added mandatory minimum jail for offences including possession and accessing, and adjusted penalty ranges.
A snapshot from the 2012 version of s. 163.1 shows:
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Possession / Accessing (indictable): max 5 years, minimum 6 months
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Possession / Accessing (summary): max 18 months, minimum 90 days
2015: Minimums and maximums increased again
In 2015, Bill C-26 (“Tougher Penalties for Child Predators Act”) further increased mandatory minimums and maximum penalties for several child-related sexual offences, including CSAEM-related provisions.
By the 2015–2025 version of the section, Parliament had increased:
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Possession / Accessing (indictable): max 10 years, minimum 1 year
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Possession / Accessing (summary): max 2 years less a day, minimum 6 months
Bottom line: Parliament steadily moved the law toward higher ceilings and higher floors—especially for possession and accessing.
3) The SCC’s “recent” ruling: some mandatory minimums are unconstitutional
On October 31, 2025, the Supreme Court of Canada released Attorney General of Québec v. Senneville (2025 SCC 33), striking down the one-year mandatory minimum for the offences of possession and accessing (as charged by indictment) because it could produce grossly disproportionate sentences in reasonably foreseeable situations—violating section 12 of the Charter (cruel and unusual punishment).
This is the key nuance for readers:
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The SCC did not say all mandatory minimum sentences are unconstitutional.
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It reaffirmed that a mandatory minimum becomes unconstitutional when it can impose a grossly disproportionatepunishment in real or reasonably foreseeable cases.
Also important: even when the Criminal Code text still prints a minimum sentence, once the SCC declares it unconstitutional, courts cannot apply it (unless future legislation changes the framework in a constitutional way).
4) What this means in practice for Ontario courts
Judges have more discretion at the low end—but serious sentences remain available
After Senneville, a judge sentencing for possession/accessing is no longer forced to start at the (now invalid) one-year floor for indictable prosecutions.
But nothing in the decision reduces the maximum penalties (up to 10 years for those offences when prosecuted by indictment), and the SCC did not downplay the gravity of CSAEM offending—only the constitutionality of blanket minimums.
For Thunder Bay readers watching local cases: the practical effect is that sentencing turns even more on facts—volume, conduct, risk factors, prior record, harm, and court-accepted aggravating/mitigating circumstances—rather than a fixed minimum.
5) What’s next: Parliament is still moving on online enforcement and reporting
In December 2025, the federal government introduced Bill C-16 (Protecting Victims Act), which includes child-protection measures and proposes updates to Canada’s mandatory reporting framework for online CSAEM—such as longer data preservation requirements and clarifying obligations for internet services with a connection to Canada.
As of early 2026, parliamentary records show Bill C-16 has advanced through second reading and been referred to committee.
Where to turn if you suspect online exploitation
If you have information about online child exploitation, reports can be made to Cybertip.ca, Canada’s national tipline.
Do you think the language is softened?
Respond in the comments section.
