Class 5 - Obscenity and Pornography.docx

28 views2 pages

For unlimited access to Class Notes, a Class+ subscription is required.

Class 5 Obscenity and Pornography
The judge always decides
OBSCENITY/PORNOGRAPHY
(“undue exploitation of sex”)
Rv Brodie (1962) S.C.R. 681 - “Community Standard Test” (moralism)
Rv Butler (1992) 8 C.R.R. (2d) | (S.C.C.)
• LEAF intervened
• rejected Community Standard Test
• Section 2 Charter (Freedom of Expression) includes sexual expression
• Section 15 Charter (Equality) violates right of equality if substantial risk of harm (i.e., exposure
to images causally related to changes in attitudes and beliefs)
• Section 1 (Oakes Test/Proportionality Test)
• rational connection between the law and objects sought to achieve
• law impairs freedom of expression minimally
• if purpose sex arousal = fine
• but can’t show violence (or threat of) or be degrading or show children
• Exception (literary, scientific, or educational merit)
Little Sisters v. Canada (2000) (S.C.C.)
• Bookstore and six interveners started action 1988
• 3 issues
• Were Canada Customs discriminatory? (Yes)
• Were Canada Customs procedures fair? (Yes)
• Should Butler be reconsidered? (No)
• like Butler did not determine
• specific definition of “obscene”
• what kind of evidence need re: harm
• what kind of evidence need re: merit
Rv Sharp (2001) (British Columbia)
PROSTITUTION
Rv Hutt (1978) S.C.C.
• weakened anti-soliciting laws
Bill C-49 (1985)
• strengthened anti-soliciting laws
Committee on Pornography and Prostitution (“Fraser Committee”)
Unlock document

This preview shows half of the first page of the document.
Unlock all 2 pages and 3 million more documents.

Already have an account? Log in

Get access

Grade+
$10 USD/m
Billed $120 USD annually
Homework Help
Class Notes
Textbook Notes
40 Verified Answers
Study Guides
1 Booster Class
Class+
$8 USD/m
Billed $96 USD annually
Homework Help
Class Notes
Textbook Notes
30 Verified Answers
Study Guides
1 Booster Class