WDW101Y1 Lecture Notes - Anal Sex, Indictable Offence, Culpable Homicide

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Big ideas: charter of rights and freedom. Of no force and effect, control what parliament can control what can and cannot be crime. Focus on s. 163 offence to make, print, distribute etc, obscene material. Section 163(8) provides a definition of obscene . Any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one of more of the following subjects, namely, crime, horror, crulty and violence, shall be deemed to be obsecene. To be measure on the basis of community standard of tolerance ; what the broader community not want others to see. Harm = predisposes people to act in an antisocial way (i. e. mistreatment of women by men) Section is aimed at preventing harm from exposure to undue exploitation. Pornography laws (and child pornography laws under s. 163. 1) violates s. 2(b) of the charter restrcits expressive activity (content is not relevant consideration), depiction of sexual activity conveys meaning.

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