By Hilary White
OTTAWA, April 25, 2007 (LifeSiteNews.com) – As long as it can be judged to have “artistic or educational” merit, anyone in Canada can create child pornography, according to a 2004 Supreme Court of Canada decision. Conservative Pierre Lemieux, MP for Glengarry–Prescott–Russell, has tabled Private Member’s Bill C-430 this week that would amend the Criminal Code to make it impossible to use such grounds as a defence.
Lemieux, a father of five, said, “I have always promoted and defended families and children. It is important to close loopholes in our Criminal Code, loopholes that are exploited by people who are dangerous to our children.”
In Canada, child pornography is illegal and defined as material that shows someone who is or is depicted as being under 18, and is engaged or depicted as engaged in explicit sexual activity. The penalty for making or distributing child pornography is up to 10 years in prison. Possession or “accessing” carries a potential sentence of up to 5 years. The loophole, however, is one that allows for the creation of works that fit the above definition, but have “artistic merit”, or an educational, scientific or medical purpose.
Lemieux linked the proliferation of adult pornography to the rise and spread of child porn. He said in the House, “Regrettably there has been a proliferation of pornography within our society over the past decades. More regrettable has been the proliferation of child pornography.”
“Child pornography is real,” he said, “it exists, and its presence in our society has been growing. It is truly a threat to our children and we as a society have tasted its bitter fruit.”
Legislation passed in 2005 under the former Liberal government was created following the notorious case of a British Columbia man, John Robin Sharpe, whose written work was judged by the courts to have “artistic merit” and therefore to be protected free speech. Sharpe was later convicted of a charge of indecent assault from sex acts he committed against a 14 year-old boy in the 1970’s.
The Supreme Court ruling on Sharpe said, “Simply put, artists, so long as they are producing art, should not fear prosecution.” The Court also “read in” exceptions for personal writings and visual depictions intended for private use, including diaries, self-photography and drawings.
Lemieux’s bill would remove the words “education” and “art” from the Criminal Code section stating
“No person shall be convicted of an offence under this section if the act as alleged to constitute the offence (a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art;….”
See the excerpt from Hansard on the introduction of Bill C-430
https://www.pierrelemieux.ca/download/sp-Apr07-CriminalCode-en.htm
Read related LifeSiteNews.com coverage:
Child Pornography Law Under Attack by Homosexuals
https://www.lifesitenews.com/ldn/2005/sep/050926a.html