LIMITS OF CRIMINAL LAW - OBSCENITY - A TEST CASE - LAW REFORM COMMISSION OF CANADA WORKING PAPER 10

• NCJ Number: 30173
• Author(s): ANON
• Date Published: 1975
• Length: 122 pages
• Corporate Author: Law Reform Cmssn of Canada
• Sale Source: Information Canada
• Language: French; English
• Country: Canada
• Note: INCLUDES FRENCH AND ENGLISH TRANSLATIONS

Annotation

EXAMINATION OF OBSCENITY LAW IN CANADA THAT PROBES THE REASONS THAT JUSTIFY THE USE OF CRIMINAL LAW IN THIS AREA AND SUGGESTS POSSIBLE LIMITS ON THE IMPOSITION OF CRIMINAL SANCTIONS.

Abstract

INSTEAD OF CATALOGING SIMPLE LEGAL ISSUES AND ANSWERS, THIS ANALYSIS SEEKS TO RAISE THE DIFFICULT MORAL AND SOCIAL QUESTIONS THAT ARE INVOLVED IN ENFORCING OBSCENITY LAWS. THERE IS A DISCUSSION OF THE HARM FEARED FROM OBSCENITY AND PORNOGRAPHY, AS WELL AS THE VARIOUS SOCIETAL AND INDIVIDUAL VALUES WHICH THEY THREATEN. IT IS SUGGESTED THAT PUBLIC OBSCENITY REMAIN AS A CRIMINAL OFFENSE. IN PRACTICAL TERMS, THIS MEANS CONTINUED PROHIBITION AGAINST LURID POSTERS, ADVERTISEMENTS, MAGAZINES, AND SO ON BEING SHOWN IN PUBLIC. PRIVATE OBSCENITY, IT IS CONCLUDED, SHOULD BE DECRIMINALIZED COMPLETELY EXCEPT IN CASES WHERE CHILDREN WOULD BE EXPOSED TO IT. --IN ENGLISH AND FRENCH