News Release - January 28, 2001. RE: Supreme Court rules on Child Pornography


For Immediate Release

Supreme Court Upholds Child Pornography Law -- Exemptions are Extremely Troubling

January 28, 2001 (Burlington) -- CAVEAT welcomes the ruling of the Supreme Court as upholding the right and duty of Parliament to protect our children against child pornography.

We are extremely concerned, however, about the two exemptions which the Supreme Court has seen fit to read into law. Based on untested hypotheticals, these exemptions present a very real threat to the successful enforcement of any provisions of the law. In addition, they have the effect of legalising the posession of child pornography in certain cases.

The first exemption is for material that is created privately and is not for distribution, such as personal journals and drawings. The second exemption allows the possession of video recordings or photographs of themselves, but they must not depict unlawful sexual activity, must be for private use, and must be created with the consent of all involved.

We share the concerns that Justices L'Heureux-Dube, Bastarache and Gonthier raised in their minority opinion, and we urge Federal Justice Minister Anne McLellan to bring legislation to the House of Commons to clarify these exceptions.

In addition, we are calling on the Government of Canada to clarify the exception "artistic merit", and to define the terms as narrowly as possible. It is the message that should determine merit, and not the medium. We cannot allow a culture to grow in this country where any exploitation of children through child pornography is possible.

CAVEAT will be releasing a more detailed statement and discussion of these issues in the near future.



CAVEAT is a grassroots charitable organisation serving as a non-partisan voice for Canadians working together for safety, peace and justice.

CAVEAT seeks an integrated justice system that is accountable and open. We seek justice, not revenge. We believe that the protection of the public must be the overriding goal of the justice system, and that the offender's rights should not outweigh those of the victim. We seek to restore a balance. We focus on building healthy, safe communities through co-operative crime prevention and response initiatives, education, legislative change, and protection of the rights of victims.

Contact: Priscilla de Villiers, CAVEAT President. 905-632-1733

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