THUNDER BAY — “You deserve to go to jail” was the statement to James Edgson from the judge in a courtroom on Wednesday.
Edgson, 37, was one of 13 men charged with distributing intimate images of local women without consent. He pleaded guilty to the non-consensual distribution of intimate images. He had also been charged of possessing child sexual abuse material, which was dropped.
Justice Vince Scaramuzza conceded to the joint submission from the defence and the Crown to sentence Edgson to an 18-month conditional sentence, with six months under house arrest followed by 12 months of probation.
The sentence includes the removal and destruction of the three devices – a desktop computer, a Lenovo laptop and an LG cell phone – where Edgson’s illegal photos and videos of women were found by police.
According to an agreed statement of facts, Edgson responded to an online request for intimate photos of a specific woman in January 2018. He shared three photos of the woman, who at no time consented to sharing the images. She was 18 at the time the photos were taken.
Edgson was also in possession of images of other women and one teen girl.
Before he was sentenced, Edgson addressed the court, apologizing for his “unacceptable” behaviour, for his contribution to harming the affected women and “not treating them with the respect they deserved.” He also acknowledged the harm to his family and community.
The investigation started in 2023 following reports that images of multiple Thunder Bay women had been shared though an online chat platform, including images of girls under the age of 18.
Prior to sentencing the court heard a community impact statement read out by Katie Bortolin, executive director of the Northwestern Ontario Women’s Centre.
Bortolin said that the resulting harm of Edgson’s actions is layered and far-reaching, touching the families of the women whose intimate photos were shared without their consent, their workplaces and their peers.
She said the significant and enduring distress, humiliation and shame inflicted on the women is ongoing due to the nature of the online spaces where the photos and videos were illegally shared.
Bortolin said that the suffering of the victims is no less real because the actions took place online and she highlighted the cultural shift introduced through technology that has led to a sense of entitlement where the boundaries between what’s intimate and private versus what is public has blurred.
Scaramuzza reiterated Bortolin’s statements when he spoke before the court to acknowledge the cultural shift brought by technology. He said that Edgson, who was born in 1988, is part of a culture that has seen an increase in gender-based violence that must stop.
Scaramuzza said that his role as judge is to protect the community, that our system of law is based on a system of values and these values are what the sentence must reflect.
He said that the sentence must denounce unlawful conduct, deter the accused and others and separate the offender from society.
Scaramuzza said the sentence must also assist in Edgson’s rehabilitation and promote his sense of responsibility for his actions. He acknowledged that Edgson has a common-law partner and a young daughter. He reminded Edgson of the stigma he will suffer from as a result of the publicity of this case.
In Edgson’s favour was the fact that he plead guilty, said Scaramuzza, which spared the woman whose intimate photos he shared from having to go through the trauma of testifying.
Edgson’s role in the case, which involved around 600 participants, was less significant than the role some of the others played, since Edgson only shared photos of one woman, said Scaramuzza.
Still, he said, these facts are not to downplay the seriousness of Edgson’s illegal actions.
There is no sense of comfort, Scaramuzza said, in knowing that a person loses control when images are shared through the black hole of the internet, with no purpose other than to cause harm.
As he laid out the conditions of the sentence, Scaramuzza asked Edgson directly whether he can be trusted to fulfill the conditions. Edgson agreed.
These conditions include: six months during which time he must keep the peace, appear before court as directed and report when required.
Edgson must remain in the province and live in a place approved by a supervisor under home confinement conditions for the duration of his six-month sentence.
He must remain on the property of his residence except to travel to and from work and to and from a rehabilitation program that he will attend. He must comply with any other court orders and abstain from any intoxicating substances aside from over-the-counter medication.
Edgson is not permitted to have any contact with the woman whose intimate photos he shared or with any of the other men charged in this case.
He is to attend all counselling until said counselling has been completed and approved by a supervisor, and he must provide proof of attendance.
The judge also outlined all the software Edgson is not permitted to install on any computers, and all the chat groups such as Discord and Reddit he is not permitted to participate in.
Following the six-month conditional sentence, Edgson will then face a 12-month probation period and will report to his supervisor who will then be is probation officer.
All the other conditions of the conditional sentence will be imposed, aside from house arrest and the order to abstain from intoxicating substances.
He must also provide a DNA sample to police and to be registered as a sex offender for 10 years.
Scaramuzza warned Edgson that if he breaks any of these conditions, the consequences will be more severe.
Two other men who pleaded guilty to similar charges, Jordan Maurice and Tyler Blouin also received 18-month conditional sentences but with longer periods of house arrest.
