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Depends on the Circumstances
It depends on the specific facts in each case and whether or not the model is "depicted as being under 18 years of age in what appears to be explicit sexual activity" etc.
The case law in Canada has looked at various criteria to determine whether or not the material was infringing. However, all that might change if Bill C-20 is made into law. If that happens, prosecutors may have an easier time of making a case that the material is CP.
Disclaimer: This post is intended for educational and discussion purposes and not as legal advice.
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