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OTTAWA — The Supreme Court of Canada has upheld the conviction of an Edmonton man accused of Internet luring following sexually charged chats with a cop posing as a teenager.The case, which touched on the issue of whether chat room users are legally responsible for ensuring those they engage in sexual conversations with online aren't children, was dismissed Thursday."In this case, the accused's convictions must be upheld," the top court said in a written judgment.
During their conversations, Levigne repeated his desire to perform oral sex on Det.
Randy Wickens, who was working undercover using the handle "etownjessy13." The two eventually agreed to meet at a local restaurant where Levigne was ultimately arrested and charged.
During his trial, Levigne argued he didn't believe he was chatting with a minor since his profile said he was 18 and because the chat room was supposed to be adults only.
That said, his conversation partner talked of being in Grade 7 and having to get off the computer because his mother was coming home.
The lower court found it was "reasonably possible" the accused thought he was dealing with an adult despite assertions to the contrary.
The province's appeals court disagreed, concluded the trial judge had erred and entered a conviction.
The appeals court found evidence of adulthood, such as a false profile, a person's typing speed and the fact that people often lie about their age online don't apply here since the accused did not make any effort to independently verify the age of the boy he was dealing with.
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