C-128


Third Session, Thirty-fourth Parliament,
40-41-42 Elizabeth II, 1991-92-93


THE HOUSE OF COMMONS OF CANADA


An Act to amend the Criminal Code and the Customs
Tariff (child pornography and corrupting morals)



AS PASSED BY THE HOUSE OF COMMONS
JUNE 15, 1993



23130


Third Session, Thirty-fourth Parliament,
40-41-42 Elizabeth II, 1991-92-93


THE HOUSE OF COMMONS OF CANADA

BILL C-128

An Act to amend the Criminal Code and the Customs Tariff (child pornography and corrupting morals)


Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

CRIMINAL CODE


1. (1) Subsection 163(3) of the Criminal Code is repealed and the following substituted therefor:

(3) No person shall be convicted of an offence under this section if the public good was served by the acts that are alleged to constitute the offence and if the acts alleged did not extend beyond what served the public good.
(2) Subsection 163(6) of the said Act is repealed.

2.the said Act is further amended by addidng thereto, immediately after section 163 thereof, the following section:

163.1 (1) In this section, "child pornography" means (2) Every person who makes, prints, publishes or possessesfor the purpose of publication any child pornography is guilty of (4) every person who possesses any child pornography is guilty of (5) It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown in the representation that is alleged to constitute child pornography was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years.

(6) Where the accused is charged with an offence under subsection (2), (3) or (4), the court shall find the accused not guilty if the representation or written material that is alledged to constitute child pornography has artistic merit or an educational, scientific or medical purpose.

(7) Subsections 163(3) to (5) apply, with such modifications as the circumstances require, with respect to an offence under subsection (2), (3) or (4).

3. (1) Subsection 164(1) of the said Act is repealed and the following substituted therefor:
163. (1) A judge who is satisfied by information on oath that there are reasonable grounds for believing that shall issue a warrant authorizing seizure of the copies.
(2) Subsections 164(3) to (5) of the said Act are repealed and the following substituted therefor:
(3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, a crime comic or child pornography, may appear and be represented in the proceedings in order to oppose the making of an order for the forfeiture of the matter.

(4) If the court is satisfied that the publication, representation or written material referred to in subsection (1) is obscene, a crime comic or child pornography, it shall make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

(5) If the court is not satisfied that the publication, representation or written material referred to in subsection (1) is obscene, a crime comic or child pornography, it shall order that the matter be restored to the person from whom it was seized forthwith after the time for final appeal has expired.

(3) Subsection 164(7) of the said Act is repealed and the following substituted therefor:
(7) Where an order has been made under this section by a judge in a province with respect to one or more copies of a publication, representation or written material, no proceedings shall be instituted or continued in that province under section 163 or 163.1 with respect to those or other copies of the same publication, representation or written material without the consent of the Attorney General.
4. The definition "offence" in section 183 of the said Act is amended by adding thereto, immediately after the reference to "144 (prison breach),", a reference to "163.1 (child pornography),".

5. The definition "enterprise crime offence" in section 462.3 of the said Act is amended by adding thereto, immdeiately after subparagraph (a)(v) thereof, the following subparagraph:

(v.1) section 163.1 (child pornography),

CUSTOMS TARIFF


6. Schedule VII to the Customs Tariff is amended by adding thereto the following code:

9968
Photographic, film, video or other visual representations, whether or not made by mechanical or electronic means, and written material, that are child pornography with the meaning of section 163.1 of the Criminal Code.

COMING INTO FORCE


7. This Act or any provision of this Act shall come into force on a day or days to be fixed by order of the Governor in Council


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* The above text has been reproduced as faithfully as humanly possible from the original document. However, this reproduction is not, nor intended to be, the official version of the original.