In Canada, pornography laws and the very definition of the material can be a bit open to interpretation. Generally speaking, explicit material is not illegal as long as the adults have consented to making it and it is not deemed obscene. Even the definition of obscene material has been changing, though, and it's most typically connected to violence.
Some people have noted, however, that public opinion on explicit materials also changes over time. It's been said that a lot of material that is widely sold and marketed would have been illegal in the past. The law is set up to change with the shifting opinions of Canadians, rather than holding them to standards from when the laws were created.
The area where the law is most specific--and the only area where the word "pornography" is even used--is when it comes to children. This is dealt with in the Criminal Code, in section 163.1. It is strictly illegal to show a visual representation of people who are 17 years old or younger engaged in such activities.
Not only is it illegal to make this material, but it's illegal to sell it or own it. Those who possess it could go to jail for five years. Those who sell it or create it could get twice that, seeing jail terms of 10 years.
It's telling that the Criminal Code is most specific at this point, as the legal system takes these charges very seriously. Those who have been accused do have the right to a fair trial, though, and they must know their legal defense options.
Source: Parliment of Canada, "The Evolution of Pornography Law in Canada," accessed May 12, 2016
No Comments
Leave a comment