ESTEVAN — An Estevan man has been sentenced in connection with a child pornography case from 2025.
Sean William MacCleary pleaded guilty to one count of possession of child sexual abuse and exploitation material during an appearance Jan. 12 in Estevan Provincial Court. He was sentenced to nine months custody followed by three years of probation, as per the terms of a joint submission.
Crown prosecutor Suzan Wurtz told the court that on March 31, 2025, McCleary went to an Estevan business to drop off a hard drive to try to recover data. The repair technician extracted the contents and noticed it contained “a lot of pornography”, Wurtz said.
She added the technician saw three images believed to be child pornography and reported the observations to the Estevan Police Service.
“A police member attended the repair shop and seized the hard drive,” said Wurtz. “The police obtained a warrant to search the hard drive.”
The Saskatchewan Internet Child Exploitation (ICE) Unit also performed a forensic search of the hard drive, and Wurtz said ICE members found 252 images that met the definition of child pornography, including 165 unique images and 87 duplicates.
“The images were sorted into folders and were accessible to the user,” said Wurtz.
The collection included a lot of “animated” child porn, she said, but it also contained some depictions of human children being abused.
MacCleary’s attorney Estes Fonkalsrud noted MacCleary is 54 years old and doesn’t have a criminal record. Fonkalsrud pointed out some potential issues came to light with the computer hardware.
Fonkalsrud added the Crown opted to proceed summarily rather than by indictment, which changed the minimum sentence.
Also, Fonkalsrud said he reviewed the recent Supreme Court decision regarding some minimum sentences, but they viewed this sentence as appropriate.
MacCleary has been on long-term disability for several years, Fonkalsrud said, and that caused isolation and mental health issues. He is seeing a psychiatrist and a counsellor.
“This particular resolution obviously focuses on deterrence, because we do have an individual where he is going to receive a custodial sentence, and even if mandatory minimums were still enforceable, this would be more than the minimum sentence if the Crown proceeds summarily, but we took into light the material, the volume as well as what it represented as far as images,” said Fonkalsrud.
The probation includes standard conditions, and his approved residence will be in Estevan upon his release. He will also have to undergo counselling for sexual offences.
He is also not to have any contact with anyone under the age of 16, except for incidental contact in public places and for employment, or under the direct supervision of a sober, responsible adult aware of MacCleary’s criminal record and the conditions of the order.
Also, MacCleary cannot go to a public park or swimming area where a person under the age of 16 is present or could reasonably be expected to be present, and he cannot go to a school ground, playground, day care centre or community centre, except it is to carry out duties by an employer or if he is under the direct supervision of a sober, responsible adult aware of MacCleary’s criminal record and the conditions of the order.
MacCleary is not to obtain employment or be a volunteer in a capacity that involves a position of trust or authority towards someone under the age of 16. He also cannot possess or access any pornography; nor can he use the Internet or other digital network to access pornography, social media, discussion forum, chat service or file sharing service, or communicate with anyone who is or can reasonably be expected to be under the age of 16.
Judge Mitch Miller said the descriptions from the Crown were “disturbing”. He also cited a number of cases that reflect the consequences of child pornography.
"You’re going to have to look in yourself and find out why you did that and how to stop that in the future, because … this is dehumanizing to the kids that are in these photos.”
Miller added he wants MacCleary to rehabilitate so that MacCleary doesn’t perform these actions again.
