Obscenity/Freedom of Expression (concluded)

Questions:

1. Did the Butler decision go too far?

(Did it restrict freedom of expression too much)

2. Did the Butler decision not go far enough?

(Did it allow too much)

What is allowed? (Minimal impairment)

a) sexually explicit material that is not violent, and which is not degrading or dehumanizing

b) material that has scientific, artistic or literary merit

c) private viewing (even of material that is clearly obscene) is allowed.

R. v. Sharpe

Currently before the Supreme Court

Facts of the Case:

Section 163.1.4 of the Criminal Code makes it an offence to possess child pornography

Challenged as a violation of freedom of expression

(B.C. Court of Appeal)

a) privacy

b) minimal impairment

c) overbreadth

d) do the benefits outweigh the harms?