CMN 3105 Lecture Notes - Lecture 7: Reverse Onus, Canada Border Services Agency

• School: University of Ottawa
• Department: Communication
• Course: CMN 3105
• Professor: Mark Lowes

Document Summary

Taking a harm based approach to considering obscenity and indecency. Lebaye was a supreme court of canada ruling - Individual was operating an establishment based on membership for swingers. Development of a test for determining whether or not materials are obscene. Look at the building from butler to little sisters. Butler test was a significant shift from traditional test. Problem with traditional test was that it was based on morals. Supreme court felt that a more objective test was needed. Harm based approach is more objective because it does not rely on morals/taste. Freedom of expression (2b) reverse onus (11d - right to be presumed innocent) bundled with the foe. However not all erotica conveys meaning and therefore not protected under charter section 2b as they do not constitute expression. Little sisters is arguing that the owness should not be on them to prove that the material is not obscene.