Child porn kingpin gets 10-year sentence
‘Graphic, disturbing and sometimes violent’ films sparked international probe that pointed to Canada
The international police investigations into the customers of Brian Way, the biggest producer and distributor of child pornography in Canada, led to hundreds of arrests around the world and the rescue of hundreds of children, as detailed in a Toronto Star investigation.
On Monday, five years after Way’s arrest in 2011, Superior Court Justice Julie Thorburn sentenced him to 10 years in prison, a $20,000 fine and three years probation.
Way was sentenced on 15 counts linked to both the manufacture and sale of child pornography and his personal collection of child pornography, the largest ever reported in Canada, according to Crown prosecutor Jill Cameron.
It contained “graphic, disturbing and sometimes violent depictions of children ranging in age from toddlers to adolescents,” Thorburn said in her ruling.
For his business, Way paid three producers to shoot films of boys between the ages of10 and18 in Eastern Europe, Thorburn said. Way, based out of a warehouse on the Queensway, then sold the films through his website, Azovfilms.com, to customers in 92 countries.
During a judge-alone trial, Way argued that the films he made were merely “nudist films.”
Thorburn found 57 out of approximately 800 films sold by Way met the legal definition of child pornography and that they became increasingly sexually explicit over the years.
Forty-four boys had biographies listed on the website and 33 boys played recurring roles in the films, Thorburn said.
None of the boys provided victim impact statements to the court, however, Thorburn noted that some of the boys who appeared in the films and their parents spoke to Toronto Star reporter Robert Cribb.
In her ruling, Thorburn said it was agreed the court could take into account that some of the boys felt disgraced, anxious and that their lives had changed forever upon learning that these films were sold around the world. “It is clear this business resulted in psychological harm to young boys entering or in their adolescent years,” she said.
However, she also noted that the content of the films is at the “low end of the spectrum” for child pornography since no sexual acts were performed.
She also considered that Way has expressed shame and remorse, and agreed that he needs counselling.
The defence had sought a sentence of six to eight years.
The Crown had sought a sentence of 14 years as well as a fine of $800,000 to reflect the gross sales generated from the sale of 57 films between 2007 and 2011.
Thorburn said she settled on a $20,000 fine based on the amount of Way’s cumulative gross salary for the four years that came from the sale of the 57 films.
While he respects that the judge was following Canadian sentencing guidelines, Acting Det. Sgt. Paul Krawcyzk, who heads the Toronto police child exploitation section, said the sentence is far too low for what Way did.
“I think of the 44 children involved, particularly in these videos, who were exploited over numerous years, many whom we watched grow up throughout the videos. They won’t get those portions of their lives back. We’ve heard from some of them who explain that they have been affected and will continue to be affected. And I just don’t think that the sentence reflects that.”
He added that the fine of $20,000 is only a tiny fraction of the $4 million the Crown had initially alleged Way made off selling the videos.
“I think that’s pretty pathetic, personally,” Krawcyzk said.
Way’s 10-year sentence was reduced by six months after Thorburn accepted Way was taunted and punched once by guards at the now closed Toronto West Detention Centre and called offensive names by a court officer at the Finch courthouse. She rejected his application to have his convictions stayed as a re- sult of his mistreatment.
After credit for his time in pre-trial custody since his arrest in 2011, Way has 20 months remaining to serve. With files from Robert Cribb