Philosophy 1040F/G Chapter 3: Week 3 Reading Notes - R v. Butler
9 Apr 2020
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Philosophy 1040 : week 3 reading notes - r v. butler. Looking at : does definition of obscenity in criminal code infringe on section section 2b of the charter (freedom of expression). If so, is it justifiable under section 1 of the charter. Accused owned a store selling hard core" porn and porn paraphernalia. Charged with various counts of selling obscene materials, etc. under section 163 of the criminal code. "any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of . crime, horror, cruelty and violence, shall be deemed to be obscene". Trial judge concluded that only the materials which contained scenes involving violence or cruelty intermingled with sexual activity or lack of consent could be said to dehumanize men or women. Thus only these would be prescribed under section 1. Therefore he convicted the accused on 8 counts.
