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"If you're an adult and if you're having conversations with a child on the Internet, be warned because even if your conversations aren't sexual and even if your conversations are not for the purpose of meeting a child and committing an offence against a child, what you're doing is potentially a crime," he said.
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He said the law "makes it a crime to communicate by computer with underage children or adolescents for the purpose of facilitating the commission of the offences." But he said the word "facilitating" could be interpreted to mean anything that would make it easier or more probable for a young person to be taken advantage of.
This includes anything that would reduce their inhibitions or exploits a child's "curiosity, immaturity or precocious sexuality." Fish said the conversations don't need to be sexually explicit to fit these criteria.
He said the new Internet luring law "criminalizes conduct that precedes the commission of the sexual offences." "This is in keeping with Parliament's objective to close the cyberspace door before the predator gets in to prey." The decision was part of an Alberta man's case who admitted to online sexual chats with a 12-year-old girl in 2003.
At a 2006 trial on two sexual luring counts, the judge called Craig Bartholomew Legare's actions "despicable and repugnant," but said that since he had no intention of ever meeting the child, there was no crime. The Supreme Court said the judge from the first trial applied the law too constrictively, leading to the acquittal.
Justice Morris Fish, writing for the Supreme Court, said physical contact is not necessary for Internet luring because some seemingly innocent chats open the door towards a child being victimized.