Common
Pornography in Canada
Pornography in Canada has changed since the 1960s when the Criminal Law Amendment Act, 1968-69 that suppressed various laws related to sexual norms was passed. There has been a shift in the mode of determining whether a material is obscene or not with the R v Butler judgment. The obscenity laws were challenged as violative of freedom of expression in R v Butler. Obscenity is defined as follows under the Criminal Code: "the undue exploitation of sex or of sex and one or more of the following subjects; namely, crime, horror, cruelty and violence." The court held that the term “undue” should be interpreted on the degree of harm which flows from such exposure that predisposes people to act in an anti-social manner. The court ruled that pornography is harmful if it contains violence or explicit sex which is degrading or dehumanizing and which creates a substantial risk of harm, as it harms a person's right to be equal. Therefore, there is a shift from the community standard's test to the harm...
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