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R v Sharpe
''R v Sharpe'', () 1 S.C.R. 45, 2001 SCC 2, is a Canadian constitutional rights decision of the Supreme Court of Canada. The Court upheld the child pornography provisions of the Criminal Code as a valid limitation of the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms. In doing so, it reversed a ruling by the British Columbia Supreme Court. That opinion, issued by Justice Duncan Shaw, held that the law was what he called a "profound invasion" of rights of privacy and freedom of expression found in the Charter of Rights and Freedoms.〔 Prior to its reversal by the higher court, the ruling sparked extensive public complaints, and more than half of the Members of Parliament called for action by the Prime Minister to override the ruling.
==Background==
It began in 1995 when John Robin Sharpe was returning from a trip to Amsterdam where he had traveled to meet Edward Brongersma, a Dutch jurist and advocate of pederasty and pedophilia. Upon return, Canada Customs found a collection of computer discs containing a text entitled "Boyabuse". A later search of his Vancouver apartment revealed a collection of photographs of nude teenage boys, some of them engaged in sexual acts with one another. Sharpe was arrested and charged with illegal possession under s. 163.1(4) of the Criminal Code, and for possession for the purposes of distribution or sale under s. 163.1(3) of the Code.
Acting in his own defence, Sharpe challenged the criminal provisions as violation of freedom of expression under section 2(b) of the Charter. Sharpe argued before a court that laws regarding the possession of child pornography violated his freedom of thought and expression. He presented a fairly controversial argument that since he was interested in teenage boys, he should be entitled to pornographic material relating to his sexual interests. Nonetheless, the law he was charged under was eventually upheld with some exceptions regarding written pornography.
During his trial, the prosecutor argued for the harmfulness of child pornography possession and why it should remain illegal. Sharpe attempted to refute the prosecution's claims that child porn and child sexual abuse are a related paradigm by claiming that the legal attitudes towards pornographic representations of children 'creates a victim' instead of starting with one. The line between production, distribution, and possession was also espoused by Sharpe. He further argued that in many instances possession of child pornography could act as a catharsis in preventing child sexual abuse. In regard to provisions on written pornography, Sharpe argued that the law in question targeted the political advocacy of pederasty and served little purpose in protecting children from sexual abuse. The charges in respect to Sharpe's writings were eventually dismissed when he argued artistic merit with the assistance of an English professor who compared his written works to 'transgressive expression' parallel to Marquis de Sade's ''120 Days of Sodom''.
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