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In Canada, child pornography is illegal under Section 163.1 of the Criminal Code and is punishable by up to ten or fourteen years of imprisonment depending on the offence. . The Supreme Court of Canada has found child pornography, including the simple possession of child pornography, to not be protected by the Canadian Charter of Rights and Freedo
The Criminal Code contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the Firearms Act , the Controlled Drugs and Substances Act , the Canada Evidence Act , the Food and Drugs Act , the Youth Criminal Justice Act and the Contraventions Act .
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act and ...
Dagenais v Canadian Broadcasting Corp, [1994] 3 S.C.R. 835 is the leading Supreme Court of Canada decision on publication bans and their relation to the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms.
R v Sharpe, 2001 SCC 2 is a constitutional rights decision of the Supreme Court of Canada.The court balanced the societal interest to regulate child pornography against the right to freedom of expression possessed by the defendants under section 2 of the Canadian Charter of Rights and Freedoms; holding, that while general prohibition of child pornography was constitutional, there were some ...
Canadian Foundation for Children, Youth and the Law v Canada (AG), [2004] 1 S.C.R. 76, 2004 SCC 4 – known also as the spanking case – is a leading Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code that allowed for a defence of reasonable use of force by way of correction towards children as not in violation of section 7, section 12 or ...
Section 718 of the Criminal Code sets out the purposes of sentencing [6] and acts to protect society and to contribute, along with crime prevention initiatives, respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that include one or more of a codified list of sentencing objectives, [7] as follows:
R v Parks, [1992] 2 S.C.R. 871 is a leading Supreme Court of Canada decision on the criminal automatism defence. [2] On an early morning on May 24, 1987, Kenneth Parks drove 20 kilometres from Pickering, Ontario, to the house of his in-laws in Scarborough, Ontario. He entered their house with a key they had previously given him and used a tire ...