News release

Nova Scotia Happy with Supreme Court Decision on Child Pornography

Public Prosecution Service

PUBLIC PROSECUTION SERVICE--Nova Scotia Happy with Supreme Court Decision on Child Pornography


The Supreme Court of Canada's decision today upholding the constitutionality of laws making possession of child pornography a crime comes as welcome news to Nova Scotia.

Nova Scotia, along with several other provinces and the federal government argued last year to the Supreme Court that protection of children was as important as the constitutional right to expression and that laws making possession of child pornography a crime should stand.

"This is a victory for children in Nova Scotia and for all Canadian children," said Michael Baker, Minister of Justice and Nova Scotia Attorney General. "Our children have the right to be protected against the abuse and exploitation of child pornography and it's clear the Supreme Court decision reflects that principle."

Mr. Baker said the limited exceptions singled out in the Supreme Court ruling satisfy the right to free expression while protecting children.

In June 1999, in a ruling by a majority of two to one, the British Columbia Court of Appeal upheld a lower-court decision in the case of Regina versus Sharpe striking down the offence of possession of child pornography 163.1(4) of the Criminal Code as contrary to section 2(b) of the Canadian Charter of Rights and Freedoms - freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.

This case was appealed to the Supreme Court of Canada by the Attorney General of British Columbia. In December 1999, Nova Scotia was granted intervener status with Crown Attorney Dan MacRury arguing on behalf of the Nova Scotia attorney general. Other attorneys general intervening included those of Canada, Ontario, Quebec, New Brunswick, Manitoba and Alberta. Today's ruling sends the case back for retrial.

"I want to thank the Nova Scotia Public Prosecution Service and Mr. MacRury, in particular, for outstanding representation before the Supreme Court," said the minister. "Nova Scotia's role in this process was a significant one."