OTTAWA–The Supreme Court of Canada has given a broad interpretation to a law against Internet luring, potentially making it easier to prosecute offenders.

In the first test of a 2001 Criminal Code provision introduced by the former Liberal government, the high court said the "preparatory" steps taken to "groom" children under 14 are a criminal offence, even before an actual sexual crime is committed or even attempted.

"This is in keeping with Parliament's objective to close the cyberspace door before the predator gets in to prey," wrote Justice Morris Fish.

The court ordered a new trial for an Alberta man who was 32 when he struck up a sexually explicit Internet "chat" with a 12-year-old Ontario girl.

Writing for a unanimous seven-judge panel, Fish said the trial judge who originally acquitted Craig Bartholomew Legare had taken too narrow a view of the law when he looked at whether the accused had at that time an active intention to commit a crime. The Criminal Code makes it a crime to communicate by computer with underage children or teens for the purpose of facilitating an offence.

Fish said offenders are known to try to lure or "groom" young persons by "reducing their inhibitions; or by prurient discourse that exploits a young person's curiosity, immaturity or precocious sexuality."

It isn't necessary to use "sexually explicit language" to run afoul of the law, said the court. "Those who use their computers to lure children for sexual purposes often groom them online by first gaining their trust through conversations about their home life, their personal interests or other innocuous topics."

Fish said what matters is not so much the content of what's said online, but whether it can be shown "beyond a reasonable doubt" the conversation was "for the purpose of facilitating" a future offence.

Legare had engaged the girl online in a public chat room on April 28, 2003. He claimed to be 17; she claimed to be 13.

They quickly moved to a private chat space, where two "sexually explicit" conversations took place, followed by two phone calls, where Legare told the girl he wanted to perform oral sex on her. There was no invitation or arrangement to meet.

The girl's father found out about the chats and called police, who obtained transcripts of one online conversation.

Legare was acquitted at a 2005 trial of one count of inciting a person under 14 to touch, and one count of Internet child luring. The Crown appealed only the Internet luring acquittal, and won at the Alberta Court of Appeal.

Legare appealed to the Supreme Court of Canada, and his case was heard on Oct. 15.

The high court, in a swift ruling, has ordered a new trial so the facts may be judged anew.

Federal Justice Minister Rob Nicholson said he was "very pleased with the decision," and went on to say it was in line with Conservative measures to increase protection for children, including raising the age of legal consent for sexual activity from 14 to 16.

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Last Updated: March 04, 2010