of probation, they agreed on the terms of probation, including the
term limiting the appellant’s use of devices to access the Internet
or e-mail, which he now challenges on appeal.
 The Crown also sought a ten-year prohibition order under
s. 161(1)(a)-(d) of the Criminal Code. Orders made under
s. 166(1)(a)-(c) can limit where an offender may go, whom he may
contact and the type of employment he may undertake. Section
161(1)(d) authorizes the court sentencing a person convicted of
the possession of child pornography to make an order prohibiting
the offender from “using the Internet or other digital network,
unless the offender does so in accordance with conditions set by
the court”. The Crown sought an order under s. 161(1)(d) containing similar limitations on Internet and e-mail access as found
in the probation order.
 Defence counsel opposed the imposition of any s. 161 order.
He argued one was not necessary given the evidence showing the
appellant presented a low risk of recidivism, together with the
serious probation terms imposed. However, in the event the court
imposed a s. 161 order, defence counsel submitted the terms concerning computer use should be the same as those in the probation order.
 Defence counsel sought a two-year term for probation. The
sentencing judge disagreed, ordering probation for three years.
However, the sentencing judge otherwise imposed the terms of
probation agreed upon by counsel.
 The sentencing judge did not make the orders under
s. 161(1)(a)-(c) requested by the Crown. However, she did impose
a ten-year order under s. 161(1)(d).
 The probation and s. 161(1)(d) orders contain identical
terms that limit the appellant’s use of any device capable of
accessing the Internet or e-mail and capable of storing data in
a digital format. The terms state:
You shall be further limited to direct and indirect use of any device capable of
accessing the Internet or email and capable of storing data in a digital format,
including but not limited to computers, electronic media, digital or hard copy
transport media or data, digital still or video cameras, camera phones,
personal digital assistants, scanners as follows:
— at your place of employment or as required for employment related
— for the purpose of communicating with your legal counsel or, for
the purposes of reviewing legal documents, or obtaining legal
advice regarding ongoing legal and professional regulatory matters;
— not to use a personal computer that does not have K9 protection