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Not guilty of importing child pornography: no appeal in Antoine Gagnon’s case

The decision acquitting the former lawyer Antoine Gagnon of a charge of importing child pornography was not appealed by the Director of Criminal and Penal Prosecutions (DPCP).

The prosecution had 30 days to appeal the case, which was not done.

Antoine Gagnon was accused of importing child pornography, investigators attributing to him the receipt of a box in which was a sex doll that looked like a child.

Verdict

Judge Jean Asselin, although he agreed with the pornographic and juvenile nature of the item, had rendered a verdict of not guilty with regard to the accused. DPCP prosecutors have not been able to prove beyond a reasonable doubt that Mr. Gagnon had the package delivered “knowingly” of the contents.

The fact that the DPCP did not initiate an appeal before the Court of Appeal suggests that the prosecutor “could not blame error, forgetting or misinterpretation of the evidence or the rules of law” , deduces Me Gervais Labrecque, who defended, along with his partner Tamy Pelletier, the interests of Antoine Gagnon.

Mr. Gagnon was admitted to the Quebec Bar in 2015 and practiced criminal law in Quebec for two years. He resigned from the firm in which he worked in 2017, a few days before appearing for the alleged offenses, from which he was finally exonerated.

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