Canada Rules on Child Porn Case

VANCOUVER, British Columbia (AP) -- A provincial judge ruled Friday that
Canada's law against possessing child pornography violates the freedom-of-
expression clause of the country's Charter of Rights.

``There is no evidence that demonstrates a significant increase in the danger
to children caused by pornography,'' ruled Duncan Shaw, a justice of British
Columbia's Supreme Court.

He said the section of the Criminal Code that outlaws possession of child
pornography is invalid because it violates charter provisions guaranteeing
freedom of thought, belief, opinion and expression.

The case involved pornography possession charges against John Sharpe. Police
raided his home near Vancouver in April 1995, seizing compact disks, photos
and writings about child pornography.

Prosecutors argued that allowing people to possess child pornography puts
children at risk from pedophiles. But Shaw said the contention that materials
depicting illegal sex with children actually prompt people to commit such acts
was ``only assumption.''

``The intrusion into freedom of expression and the right of privacy is so
profound that it is not outweighed by the limited beneficial effects of the
prohibition,'' Shaw wrote.

The provincial attorney general, Ujjal Dosanjh, said he needed time to study
the ruling before commenting or deciding on an appeal.

However, Barry Penner, justice spokesman for the opposition Liberal Party in
the provincial legislature, said the province should appeal immediately ``to
look after children ... and protect them from being abused by sexual
deviants.''


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