VANCOUVER -- A British Columbia Supreme Court judge has ruled Canadians have a constitutional right to possess child pornography if it is for private use and not for distribution, according to a decision made public Friday.
The judge dismissed two counts of simple possession against a Vancouver man, ruling the threat to privacy and freedom of expression rights posed by that section of the Criminal Code outweighed its limited benefits to society.John Sharpe had challenged the law after he was arrested when Canadian Customs agents seized a computer disc being shipped to Sharpe titled, "Sam Paloc's Flogging, Fun and Fortitude, A collection of Kiddie Kink Classics."
Police then raided the Vancouver writer's home and seized additional books, manuscripts and pictures they allege contained child pornography of young boys.
Justice Duncan Shaw said the "invasion" on personal privacy and freedom of expression was "profound" and there was not enough evidence that the total prohibition reduces social problems such as child abuse.
"I find that the limited effectiveness of the prohibition is insufficient to warrant its highly invasive effects," Shaw said in his ruling, which was issued Wednesday but not made public until Friday.
The ruling is not binding on other cases until upheld by the Canadian Supreme Court, but it can still be considered in other legal disputes on the issue.