The court affirmed that jail time is appropriate even for those who possess or trade the material, even if they are not involved in its production or distribution for profit.
The case is the first appeal of a child pornography conviction to rule on the appropriateness of conditional sentences in which convicts serve their sentences in the community.
In a decision released in April, the three-judge panel upheld a three-month jail sentence for Darren Lisk imposed last October by Justice Bourke Smith of the Ontario court's general division. Lisk had pleaded guilty to possession and distribution of child pornography.
Lisk, 31, of Guelph, was charged in January 1997 after being caught exchanging pornographic images of young boys via the Internet.