HUMA 1825 Study Guide - Midterm Guide: Ex-Gay Movement, Civil Disobedience, Hicklin Test

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Butler had a store in winnipeg where he sold and rented pornographic materials such as videos, magazines, etc: in 1987 the police charged butler with 250 counts under the obscenity provision under the criminal code of canada. Butler claimed that s. 163 (8) of the criminal code violated his section 2(b) of charter rights. Undue is the problem because it references a degree of exploitation. Up until a certain point, exploitation is all right, but if it is too excessive it becomes undue. However, the police do not properly defined what undue means. Obscenity is a problem when sex is coupled with crime, horror, In butler, the oakes test was applied as follows: cruelty, or violence: the objective was to strain the establishment of harm (obscenity) analogous to the harm of hate speech. The problem with butler is that the test pornography, indecency, and obscenity and used interchangeable.

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