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Lawyer for man accused of child pornography says films weren't sexual

A person is handcuffed

The movies produced and sold by an Ontario man accused in a sweeping child pornography investigation weren’t sexual in nature but simply showed “naked boys doing silly things,” his lawyer argued Monday.

Brian Way’s lawyer told a Toronto court his client was selling films that depict the nudist lifestyle by showing boys engaging in various activities, such as riding horses or playing sports, while nude.

Though Way was aware some buyers might have a sexual interest in children, the films themselves had no sexually explicit content or sexual language, Nyron Dwyer told the judge-alone trial.

“It’s boys getting together, they do an activity, they become nude for some reason, they interact with each other while nude, then they put their clothes on and go home,” he said in his closing submissions.

Despite their poor quality, the movies “do have some artistic merit to those who watch them,” the defence lawyer said.

Way has pleaded guilty to seven child pornography charges related to his home collection, but is contesting nine charges related to more than 170 of the films he sold online.

Those charges include making and possessing child pornography, possessing property obtained be crime and instructing a criminal organization.

Way was arrested in 2013 in a massive investigation that led to more than 300 arrests in Canada, the United States, Mexico and other countries.

Police said at the time he had made millions producing and selling the films through a company called Azov Films.