Restricting the Production, Distribution, and Sale of Pornography in Canada

2973 Words12 Pages
Many women have been mistreated at one point or another in their lives. This form of abuse assumes many forms and is not always visible to the naked eye. One of these such hardships that women of the 20th century have had to face is the struggle for equality. In Canada, the Charter of Rights and Freedoms affords women full equality before and under law and equal protection and benefit of the law.1 But yet, this society openly contributions to the production, sale, and distribution of pornography which implies that women are second class citizens. Destroying these stereotypes which portray women as slaves, objects, toys, and mindless, sex-driven beings must be accomplished in order for women to attain true equality. The censorship…show more content…
Proof of this claim can be seen in society's acceptance of the publication and distribution of pornography. One must remember that pornography is not objectionable simply because of its sexual contents, but rather because of its portrayal of women. Unfortunately, in Canadian Law, pornography is not automatically considered obscene and is therefore deemed to be legal. It is important to note that the term "pornography" does not appear even once in the pages of the Criminal Code of Canada. Instead, the Criminal Code only refers to items which are "obscene." In Canada, the ability of the federal government to legislate public morals through criminal law allows it only to censor material "tending to corrupt morals."3 There is however, a definite correlation between pornography and obscenity as can be seen in section 159 (8) of the Criminal Code: ...And publication a dominant characteristics of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty, and violence, shall be deemed to be obscene.4 Since the Criminal Code offers no definition of the term pornography, it is important to establish one for the purposes of this argument. A working definition of pornography can be provided by Helen Longino, a legal expert and social
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