The Cadre + 19January 1999

By IAN BAILEY

VANCOUVER (CUP) -- A B.C. Supreme Court judge has ruled that possessing child por- nography should not bea crime because laws against it violate the Charter of Rights and Freedoms.

Justice Duncan Shaw ruled the section of the Crimi- nal Code “is declared void” because it contravenes char- ter provisions. guaranteeing freedom of thought, belief, opinionand expression. Shaw acknowleged in his 33-page decision released Friday that child pornography can be harmful.

But he adds: “There is no evidence that demonstrates a significant increase in the danger to children caused by pomography.”

Shaw’s bombshell ruling out- raged many, includinga father whose son was abducted and killed by notorious pedophile and serial killerClifford Olson.

_ Gary Rosenfeldt de- scribed Shaw’s argument as “ludicrous” and noted that por- nography is commonly in the possession of serial killers and sex offenders.

“We don’t have proof that the pornography leads to the crime, but there’s no ques- tion about it: There’s a rela-

tionship between pornograph rnography will be signifi- e : ; : ; i and crimes Scaliet children,” pantly reduced if simple pos- “Evenaswerecognized | Wittout excsplor uP), a cooperative of 50 enn said Rosenfeldt, head of the session is made a crime,” pens ce eae college newspapers. , & cooperat! ity an Ottawa-based group Victims Shaw wrote. the Me 4 is that if oo a - The opinions ex SAY “Cadte do not of Violence. He went onto say thata the prod’em Is the CG minal necessarily represent the views of UPEI or UPEI Student Until it is appealed, person’s belongings are “an ie = aad Union Inc. aa ruling becomes law in Pes pee ae 9 eneemanaae Editor-in-Chief Karen Rawlines ritish Columbia. It can be ~ sential self.” : 7 ~ , cited jnglieanbdonipce’acourts Shaw said it is debat- rial, res — ‘ee wed yatta but itisnot bindingonthem. —_ablethat laws against possess- Penner said the eo aa NewsEditor Melissa Sens “I’m not sure itmeansa__ ing child pornography protect ti sane sy:9n took o ~ great deal,” said one Ontario childrenand that’s not enough oe adam nB e ied pate oy aie se ow: meen . ° 2 . eC a * orem iadthee dé- aien eas tect them from being abused Photography Richard Haines cision sol can’tcommenton it, —— ie by ee a Aeneas aloes: ut it see i i ofexpression an 1 : ; veula Brian bizarre decision” cnid’Robin ofprivecy issoprofoundthatit MP wondered shoe’ Siw's Rett Re ees: DE eens Flumerfelt 7 is not outweighed by the lim- fitness to sit on the bench. Office nt Jonna acDonal Shaw’srulingcameina ited beneficial effects of the I believe the powers | Contributors: Marc MacDonald, Lindsay Kyte, Stephen & that beshouldtakealookatthe |McQuaid, Erin Fagan & Jeremy Nelson.

| he on child pornography

case that involved pornogra- phy possession charges against John Sharpe of suburban Sur- rey.

Police raided Sharpe’s home in April 1995, seizing CDs, photos and writings about child pornography. Many pho- tographs seized were of nude boys. Titles included Sam Paloc’s Flogging, Fun and For- titude, A Collection of Kiddie Klink Classics.

Sharpe, a writer who defended himself, argued the Criminal Code section cover- ing pornography violated his charter rights. The 65-year- old, former Vancouver city planner, said he is pleased with the ruling.

“| argued freedom of consciousness -- one has the right to be in possession of one’s own thoughts,” he said. “In a sense, this puts child pornography on the same foot- ing as other pornography.”

The Crown argued pos- session of child pornography puts children at risk from

iles.

But Shaw said “only as- sumption” supports the idea that materials advocating sex crimes with children actually prompt people to do such things. :

“There is no evidence that the production of child

prohibition,” he wrote.

“I find that the limited effectiveness of the prohibi- tion is insufficient to warrant its highly invasive effects.”

Attorney General Ujjal Dosanjh said he has to study the ruling before making a com- ment or deciding on an appeal.

“A decision willbe made with respect to [an appeal] next week,” said Geoffrey Gaul, a ministry spokesman.

“We don’t want to do anything that jeopardizes the prosecution and consequently, it’s not appropriate to com- ment on the facts of a case.”

Sharpe has also been charged with distributing child pornography. He will appear in court Feb. 1.

In his ruling, Shaw said distributing child pornography poses a greater risk than sim- ply possessing it. Barring dis- tribution is “far less invasive of an individual’s freedom of ex- pression and right of privacy.

“Possession forthe pur- pose of sale or distribution of such material can hardly be justified on any level of under- standing,” he wrote.

Allan Borovoy, head of the Canadian Civil Liberties Association, said he has long had concerns the law is too broad and suggested it is ripe for being struck down.

National News 7

Judge makes surprisin

judgment values of Justice Shaw because this decision by him and his reasonings are so far out of synch with where | believe Canadians are,” said Jim Abbott, Reform’s critic for the federal Solicitor Gen- eral’s department.

“Any judge that puts other rights above the protec- tion of children does not re- flect the values of Canadian

ing

society.”

But Vancouver lawyer Peter Ritchie described Shaw as a cautious member of the bench.

“Judge Shaw is a very careful judge, reputed to be a very careful, conservative, analytical,” said Ritchie. “(He’s] careful in his judg- ments and certainly not given to any rash conclusions.”

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