« Condamnations pour pornographie juvénile » : différence entre les versions

{{CanLIIRP|Sharpe|523f|2001 CSC 2 (CanLII)|[2001] 1 RCS 45}}{{perSCC|L’Heureux-Dubé, Gonthier and Bastarache JJA}}{{atL|523f|158}} (concurring)<br>

{{CanLIIRP|Sharpe|523f|2001 CSC 2 (CanLII)|[2001] 1 RCS 45}}{{perSCC-H|McLachlin CJ}}{{atL|523f|28}} ("This brings us to the countervailing interest at stake in this appeal: society’s interest in protecting children from the evils associated with the possession of child pornography.  Just as no one denies the importance of free expression, so no one denies that child pornography involves the exploitation of children.  The links between possession of child pornography and harm to children are arguably more attenuated than are the links between the manufacture and distribution of child pornography and harm to children.  However, possession of child pornography contributes to the market for child pornography, a market which in turn drives production involving the exploitation of children.  Possession of child pornography may facilitate the seduction and grooming of victims and may break down inhibitions or incite potential offences.  Some of these links are disputed and must be considered in greater detail in the course of the s. 1 justification analysis.  The point at this stage is simply to describe the concerns that, according to the government, justify limiting free expression by banning the possession of child pornography.")</ref>  

{{supra1|Sharpe}}{{atL|523f|158}} ("The very existence of child pornography, as it is defined by s. 163.1(1) of the Criminal Code, is inherently harmful to children and to society.  This harm exists independently of dissemination or any risk of dissemination and flows directly from the existence of the pornographic representations, which on their own violate the dignity and equality rights of children.  The harm of child pornography is inherent because degrading, dehumanizing, and objectifying depictions of children, by their very existence, undermine the Charter rights of children and other members of society.  Child pornography eroticises the inferior social, economic, and sexual status of children.  It preys on preexisting inequalities.")<br>

{{supra1|Sharpe}}{{atL|523f|158}}<br>

{{supra1|Sharpe}}{{atL|523f|158}}</ref>

{{supra1|Sharpe}}{{atL|523f|88}}<br>

{{supra1|Sharpe}}{{atL|523f|89}} ("The second alleged harm is that possession of child pornography fuels fantasies, making paedophiles more likely to offend.  The trial judge found that studies showed a link between highly erotic child pornography and offences.  However, other studies suggested that both erotic and milder pornography might provide substitute satisfaction and reduce offences.  Putting the studies together, the trial judge concluded that he could not say that the net effect was to increase harm to children (para. 23). Absent evidence as to whether the benefit from sublimation equals the harm of incitement or otherwise, this conclusion seems tenuous.  More fundamentally, the trial judge proceeded on the basis that scientific proof was required.  The lack of unanimity in scientific opinion is not fatal.  Complex human behaviour may not lend itself to precise scientific demonstration, and the courts cannot hold Parliament to a higher standard of proof than the subject matter admits of.  Some studies suggest that child pornography, like other forms of pornography, will fuel fantasies and may incite offences in the case of certain individuals.  This reasoned apprehension of harm demonstrates a rational connection between the law and the reduction of harm to children through child pornography.")<br>

{{supra1|Sharpe}}{{atL|523f|91}}<br>

{{supra1|Sharpe}}{{atL|523f|90}}<br>

{{supra1|Sharpe}}{{atL|523f|92}}<br>

{{CanLIIRP|Sharpe|523f|2001 CSC 2 (CanLII)|[2001] 1 RCS 45}}}{{perSCC-H|McLachlin CJ}}{{atL|523f|169}} ("...Child pornography plays a role in the abuse of children, exploiting the extreme vulnerability of children.")<br>

{{supra1|Sharpe}}{{atL|523f|169}} ("Pornography that depicts real children is particularly noxious because it creates a permanent record of abuse and exploitation.")</ref>

{{supra1|Sharpe}}{{atsL|523f|85| à 94}}<br>

{{CanLIIRP|Sharpe|523f|2001 CSC 2 (CanLII)|[2001] 1 RCS 45}}{{perSCC-H|McLachlin CJ}}{{atL|523f|28}}<br>

{{supra1|Sharpe}}{{atsL|523f|85| à 94}}</ref>

{{supra1|Sharpe}}{{atL|523f|93}} ("The ability to possess child pornography makes it available for the grooming and seduction of children by the possessor and others.  Mr. Sharpe does not deny that some child pornography can play an important role in the seduction of children.  Criminalizing the possession of child pornography is likely to help reduce the grooming and seduction of children.")</ref>

{{CanLIIRP|Sharpe|523f|2001 CSC 2 (CanLII)|[2001] 1 RCS 45}}{{perSCC-H|McLachlin CJ}}{{atL|523f|92}} ("The link between the production of child pornography and harm to children is very strong.  The abuse is broad in extent and devastating in impact.  The child is traumatized by being used as a sexual object in the course of making the pornography.  The child may be sexually abused and degraded.  The trauma and violation of dignity may stay with the child as long as he or she lives.")