Cases

R. v. Sharpe

June 30, 1999

The British Columbia Court of Appeal upheld a controversial lower court ruling striking down the criminalization of possession of "child pornography".  The ruling was 2:1, and is sure to go to the Supreme Court of Canada.  The majority held that the section's attempt to regulate possession amounted to an impermissible infringement on freedom of thought.  According to Madam Justice Southin "legislation which makes simple possession of expressive materials a crime can never be a reasonable limit in a free and democratic society. Such legislation bears the hallmark of tyranny."

See R. v. Sharpe.

This was overturned by the Supreme Court of Canada.

See: R. v. Sharpe.