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Yngwie · 09-22-2007, 03:38 PM

"Canadian law provides that "any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and one or more of the following subjects, namely crime, horror, cruelty and violence, shall be deemed to be obscene" (Section 163 of the Criminal Code). The test for obscenity applied by the courts is guided by the application of a community standard of tolerance test, "concerned not with what Canadians would not tolerate being exposed to themselves, but what they would not tolerate other Canadians being exposed to" (Supreme Court decision in R. v. Butler, February 1992). Generally, any material will be considered obscene, and therefore illegal, if it contains: sex coupled with violence; exploitive sex that degrades or dehumanizes any person, female or male; or explicitly sexual material that employs children in its production.

If a person is charged with obscenity, there is one principle legal defense: "No person shall be convicted of an offense under this section if she/he establishes that the public good was served by the acts that are alleged to constitute the offence and that the acts alleged did not extend beyond what served the public good" (Subsection 159(3) of the Criminal Code).

Finally, for broadcast media only, the Broadcasting Act contains a passage not permitting broadcasters to use "any obscene or profane language" in the Canadian broadcasting system. According to the CRTC, "it is the practice of the Commission, in determining whether or not a licensee has breached this provision, to consider a variety of criteria including, among others, the time of the broadcast, whether or not a warning was broadcast prior to airing the program in question, and whether the broadcast was part of a theme program" (CRTC 1991 in response to complaint 12C-75). In responses to complaints, the CRTC appears to be particularly concerned that broadcasters do not air questionable material at times when children may be listening. "

09-22-2007, 03:38 PM
Yngwie I am an Alien from space Industry Role: Join Date: May 2003 Location: Ontario, Canada Posts: 11,118	"Canadian law provides that "any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and one or more of the following subjects, namely crime, horror, cruelty and violence, shall be deemed to be obscene" (Section 163 of the Criminal Code). The test for obscenity applied by the courts is guided by the application of a community standard of tolerance test, "concerned not with what Canadians would not tolerate being exposed to themselves, but what they would not tolerate other Canadians being exposed to" (Supreme Court decision in R. v. Butler, February 1992). Generally, any material will be considered obscene, and therefore illegal, if it contains: sex coupled with violence; exploitive sex that degrades or dehumanizes any person, female or male; or explicitly sexual material that employs children in its production. If a person is charged with obscenity, there is one principle legal defense: "No person shall be convicted of an offense under this section if she/he establishes that the public good was served by the acts that are alleged to constitute the offence and that the acts alleged did not extend beyond what served the public good" (Subsection 159(3) of the Criminal Code). Finally, for broadcast media only, the Broadcasting Act contains a passage not permitting broadcasters to use "any obscene or profane language" in the Canadian broadcasting system. According to the CRTC, "it is the practice of the Commission, in determining whether or not a licensee has breached this provision, to consider a variety of criteria including, among others, the time of the broadcast, whether or not a warning was broadcast prior to airing the program in question, and whether the broadcast was part of a theme program" (CRTC 1991 in response to complaint 12C-75). In responses to complaints, the CRTC appears to be particularly concerned that broadcasters do not air questionable material at times when children may be listening. " __________________ ICQ: 16544251 - Skype: gator37 @ eastlink.ca - email: yngwie @ isys.ca