CBCNEWS B.C. court strikes down child porn possession
B.C. court strikes down child porn possession
WebPosted Fri Jan 15 22:16:50 1999
VANCOUVER -A justice of the British Columbia Supreme Court has struck down several sections of the Criminal Code covering child pornography.
John Sharpe was charged after police raided his home, in Surrey, in 1995. They seized CDs, pictures and writings about child pornography.
Sharpe defended himself in the case. He argued the sections of the code dealing with the possession of pornography violate his rights of privacy and freedom.
Justice Duncan Shaw agreed. He ruled that possessing child pornography for private use and not for distribution was constitutional. Shaw said the charges represented a threat to privacy and freedom of expression.
The ruling is not binding in other cases until it has been upheld by the Supreme Court of Canada. However, it may be considered by other courts hearing similar cases.
B.C. Attorney General Ujjal Dosanjh says his province has not decided yet whether to appeal the court ruling. Dosanjh says his office will wait until it receives rulings on other aspects to the case.
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