The Criminal Code

Let's talk about the parts of the Criminal Code Of Canada that The Squeaky Wheels like to cite the most.

The Squeaky Wheels use age old rhetoric tactics - that if you repeat yourself often enough, loud enough, and present you with only small fractions of the proper information - you will eventually believe them. This kind of manipulation has been around for a very long time, and they use their fear motivated by hatred to appeal to the emotions of those who fall for it.

The two most common phrases they use when ramming this information into your brain are:

1. We just want the books in SCRL to align with the Criminal Code.

2. These books go AGAINST the Criminal Code and are pornographic; they are illegal.

As we've said time and time again, just because you say something out loud, loudly, a lot of times, doesn't make it true or correct.

The Squeaky Wheels will always point you to look at sections 152 and 163.1 of the Criminal Code, but very conveniently omit the last part of these sections that prove that the materials they own are not classified as pornographic, and SCRL is fully in line with the Criminal Code.

Section 152:

Invitation to sexual touching

152 Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years,

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

Section 163.1

Defence

(6) No person shall be convicted of an offence under this section if the act that is alleged to constitute the offence

(a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and
(b) does not pose an undue risk of harm to persons under the age of eighteen years.

If you have a conversation with any of these Wheels, they deny that this last section even exists. We have highlighted above the important aspects that are missing from their constant babble, but as always, invite you to look for yourself.

Another friendly reminder that just because you call a cow purple, and believe the cow is purple, doesn’t make the cow purple. And, you can shove a flower into a pile of cow shit, but it still doesn’t make it beautiful.

You can read Section 152 and Section 163.1 directly, and we encourage you to read the entire surrounding section. We have copied Section 163.1 in full, for ease of access, but encourage you to view the originalsource. We strongly believe that you should always double check before trusting someone else’s info, even ours.

Section 163.1 Definition of child pornography

Sexual Offences, Public Morals and Disorderly Conduct (continued)

Offences Tending to Corrupt Morals (continued)

Definition of child pornography

163.1 (1) In this section, child pornography means

(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

(i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or

(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years;

(b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;

(c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act; or

(d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.

Making child pornography
(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

Distribution, etc. of child pornography
(3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

Possession of child pornography
(4) Every person who possesses any child pornography is guilty of

(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Accessing child pornography
(4.1) Every person who accesses any child pornography is guilty of

(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Interpretation
(4.2) For the purposes of subsection (4.1), a person accesses child pornography who knowingly causes child pornography to be viewed by, or transmitted to, himself or herself.

Aggravating factor
(4.3) If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that the person committed the offence with intent to make a profit.

Defence
(5) It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown in the representation that is alleged to constitute child pornography was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years.

Defence
(6) No person shall be convicted of an offence under this section if the act that is alleged to constitute the offence

(a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and

(b) does not pose an undue risk of harm to persons under the age of eighteen years.

Question of law
(7) For greater certainty, for the purposes of this section, it is a question of law whether any written material, visual representation or audio recording advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act.

1993, c. 46, s. 2

2002, c. 13, s. 5

2005, c. 32, s. 7

2012, c. 1, s. 17

2015, c. 23, s. 7

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