Child pornography laws in Canada
Encyclopedia
Child pornography laws in Canada forbid the production, distribution, and possession of child pornography.
by persons (real or imaginary) under the age of 18 years and the depiction of their sexual organ/anal region for a sexual purpose, unless an art
istic (see: artistic merit
), educational, scientific, or medical justification can be provided and the court accepts it.
The current law criminalizes possession of purely fictional material and has been applied in the absence of any images of real children, including to possession of fictional stories with no pictures at all, or vice versa, cartoon pictures without any stories.
case. In 1993, this Toronto artist had an exhibition at the Mercer Gallery. His drawings included images of children in sexual positions. Police raided the gallery and confiscated the works. Langer was eventually acquitted after a trial because his work was considered artistic enough to be justified as protected speech.
following a 1998 ruling (R v Sharpe) by the Supreme Court of British Columbia but this decision was subsequently overturned by the Canadian Supreme Court. Moreover, the definitive 2001 Supreme Court ruling on the case interprets the child pornography statute to include purely fictional material even when no real children were involved in its production. Chief Justice
Beverley McLachlin
wrote,
. Chin's attorney Darcy Depoe claimed Chin did not know it was illegal, and that he was naive. Despite this, Chin was sentenced by Judge David Tilley to an eighteen-month conditional sentence, during which he was barred from using the Internet. He was also required to perform 100 hours of community service and receive counseling, as well as to provide his DNA for the national sex offenders list. This is the first known manga-related child pornography case in Canada. It is also the first known that exclusively prosecutes this offense, not used in conjunction with other laws to increase sentencing.
, New York
named Dominic Sousa was sentenced to 30 days in jail for bringing child pornography to Yarmouth
, Canada. While he had possession of three videos and three still images of real children, border services agency criminal investigator Blair MacDonald cited the 13,000 cartoon images in his possession and that being anime did not lessen the "prohibitive nature of these goods". He stated that "Canada doesn't tolerate the importation of such images".
Visual representations
Prohibition covers the visual representations of sexual activityHuman sexual behavior
Human sexual activities or human sexual practices or human sexual behavior refers to the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts from time to time, and for a wide variety of reasons...
by persons (real or imaginary) under the age of 18 years and the depiction of their sexual organ/anal region for a sexual purpose, unless an art
Art
Art is the product or process of deliberately arranging items in a way that influences and affects one or more of the senses, emotions, and intellect....
istic (see: artistic merit
Artistic merit
Artistic merit is a term that is used in relation to cultural products when referring to the judgment of their perceived quality or value as works of art....
), educational, scientific, or medical justification can be provided and the court accepts it.
Written depictions
It also includes the written depictions of persons or characters (fictional or non-fictional) under the age of 18 engaging in sexual activity. Courts in Canada can also issue orders for the deletion of material from the internet from any computer system within the court's jurisdictionThe current law criminalizes possession of purely fictional material and has been applied in the absence of any images of real children, including to possession of fictional stories with no pictures at all, or vice versa, cartoon pictures without any stories.
Dynamic aspects of the Internet
Law that addresses dynamic aspects of the Internet by regulating the nature of live-time chatting and email communications that may relate to enticing children for pornographic (e.g., web cam) or other sexual purposes has passed in 2002. It also criminalizes the intentional access of child pornography.Canadian Criminal Code
Canadian laws addressing this are included in the C-46 amended Canadian Criminal Code passed in 1985. It is described under Part V: Sexual Offences, Public Morals and Disordery Conduct: Offences Tending to Corrupt Morals. Section 163.1 defines child pornography to include "a visual representation, whether or not it was made by electronic or mechanical means", that "shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity", or "the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years."Minimum penalty
The current minimum penalty for possession of, or "accessing," child pornography is fourteen days imprisonment.Eli Langer Art Show Trial
One early application of this law was the Eli LangerEli Langer
Eli Langer is a Canadian visual artist. Langer rose to prominence in 1993, while 26 years old, in the Toronto art world with a solo exhibition at the Mercer Union Gallery in Toronto. The exhibition consisted of 8 paintings and 50 drawings addressing various issues of childhood sexuality...
case. In 1993, this Toronto artist had an exhibition at the Mercer Gallery. His drawings included images of children in sexual positions. Police raided the gallery and confiscated the works. Langer was eventually acquitted after a trial because his work was considered artistic enough to be justified as protected speech.
R. v. Sharpe
The whole law against simple possession of child pornography was declared void for two years in British ColumbiaBritish Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
following a 1998 ruling (R v Sharpe) by the Supreme Court of British Columbia but this decision was subsequently overturned by the Canadian Supreme Court. Moreover, the definitive 2001 Supreme Court ruling on the case interprets the child pornography statute to include purely fictional material even when no real children were involved in its production. Chief Justice
Chief Justice of Canada
The Chief Justice of Canada, like the eight puisne Justices of the Supreme Court of Canada, is appointed by the Governor-in-Council . All nine are chosen from either sitting judges or barristers who have at least ten years' standing at the bar of a province or territory...
Beverley McLachlin
Beverley McLachlin
Beverley McLachlin, PC is the Chief Justice of Canada, the first woman to hold this position. She also serves as a Deputy of the Governor General of Canada.-Early life:...
wrote,
Gordon Chin trial
In October 2005, Canadian police arrested a 26 year old Edmonton, Alberta man named Gordon Chin for importing Japanese magazines (manga) depicting explicit child sexualityChild sexuality
Child sexuality is the sexual feelings, behaviors, and development of children.-Freud:Until Sigmund Freud published his Three Essays on the Theory of Sexuality in 1905, children were often regarded as asexual, having no sexuality until later development. Freud was one of the first researchers to...
. Chin's attorney Darcy Depoe claimed Chin did not know it was illegal, and that he was naive. Despite this, Chin was sentenced by Judge David Tilley to an eighteen-month conditional sentence, during which he was barred from using the Internet. He was also required to perform 100 hours of community service and receive counseling, as well as to provide his DNA for the national sex offenders list. This is the first known manga-related child pornography case in Canada. It is also the first known that exclusively prosecutes this offense, not used in conjunction with other laws to increase sentencing.
Dominic Sousa trial
In April 2006, a 21 year old American man from Long IslandLong Island
Long Island is an island located in the southeast part of the U.S. state of New York, just east of Manhattan. Stretching northeast into the Atlantic Ocean, Long Island contains four counties, two of which are boroughs of New York City , and two of which are mainly suburban...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
named Dominic Sousa was sentenced to 30 days in jail for bringing child pornography to Yarmouth
Yarmouth, Nova Scotia
Yarmouth is a town and fishing port located on the Gulf of Maine in rural southwestern Nova Scotia, Canada. It is the shire town of Yarmouth County. The town is located in the heart of the world's largest lobster fishing grounds and has Canada's highest lobster catch.- History :The townsite may...
, Canada. While he had possession of three videos and three still images of real children, border services agency criminal investigator Blair MacDonald cited the 13,000 cartoon images in his possession and that being anime did not lessen the "prohibitive nature of these goods". He stated that "Canada doesn't tolerate the importation of such images".