is there a difference between a pedophile and a child molester?
should pedophiles be locked up or can they be rehabilitated?
The Crime
possession and distribution
of child pornography
163.1 (1) In this section, "child pornography" means
(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
(i) 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
BC Provincial Court
freedom of expression
same reasons
Supreme Court of Canada
Constitutional, but overbroad
exceptions:
fictional and for private use
artistic merit
the picture
Did the Sharpe case contribute to the normalization of pedophilia?
What has the case's impact been on society and the courts?
BIG
How does child pornography incite crime?
What is truth?
How can freedom of expression be limited?
how can "artisitic merit" be defined?
Docket 27376
R. v. Sharpe
Crown
defence
2. (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication
criminal code
internet
"catharsis"
normalization of child-adult sex
the process
fiction and nonfiction
not a "a reasonable limit demonstrably justified in a free and democratic society"
given a retrial