In Canada, freedom of expression is protected under the Charter of Rights and Freedoms. However, there are limits to this right, especially when it comes to obscene materials. The Criminal Code of Canada contains laws that define and regulate obscenity offences. If someone is charged with an obscenity-related offence, they could face serious legal consequences.
What Is Considered Obscene in Canada?
Under section 163 of the Criminal Code of Canada, something is considered obscene if it “unduly exploits sex, crime, horror, cruelty, or violence.” The courts use the “community standards test” to determine whether material is obscene. This means that if most Canadians would find the material unacceptable, it could be classified as obscene.
Examples of Obscenity Offences
There are several ways a person can commit an obscenity-related offence, including:
- Making, printing, or publishing obscene material – This includes books, films, magazines, and online content.
- Distributing or selling obscene materials – Selling or sharing obscene content can lead to criminal charges.
- Possessing obscene material for the purpose of distribution – If someone has obscene material and intends to share or sell it, they could be charged.
- Public exhibition of obscene materials – Showing obscene content in a public place is also illegal.
Exceptions and Defences
Not all sexual content is considered obscene. Courts consider whether the material has artistic, educational, or scientific value. For example, a medical textbook discussing human anatomy or a film with artistic merit is unlikely to be considered obscene.
Additionally, the law recognizes that personal possession of obscene material is not necessarily a crime unless there is an intent to distribute it.
Consequences of an Obscenity Conviction
Being convicted of an obscenity-related offence can lead to:
- Fines – The amount can vary depending on the severity of the offence.
- Imprisonment – A person could face jail time, especially for repeat offences.
- A criminal record – A conviction could have long-term consequences, such as difficulty finding employment or traveling to other countries.
How a Criminal Lawyer Can Help
If you are facing an obscenity-related charge, a criminal lawyer can help you understand your rights and build a defence. Since these laws can be complex, having a lawyer on your side is important to ensure you receive a fair trial.
Obscenity laws in Canada aim to protect the public from harmful content while still allowing freedom of expression. However, what is considered obscene can sometimes be subjective. If you have been accused of an obscenity-related offence, seeking legal advice is the best way to protect your rights.
If you are facing criminal charges relating to obscenity, our experienced team of criminal defence lawyers at Collett Read LLP is here to assist you. We will thoroughly examine the specifics of your case, review the evidence presented by the Crown, and vigorously advocate on your behalf. Our goal is to ensure a fair and just legal process while protecting your rights every step of the way. Contact us today at (905) 541-2228 or fill out our intake form for a free consultation.
