The Criminal Code defines a broad set of federal statues and enforcement measures. The obscenity provision of the Code (section 163) contains several restrictions on sexually violent material; and it outlaws the making, distribution, selling, public exposure and possession of "obscene" materials, including films and videos.

Obscenity

Under the Criminal Code, obscenity includes: "any material that contains the undue exploitation of sex, or of sex and any one or more of the following subjects: crime, horror, cruelty and violence."

Debate on the Undue Exploitation of Violence

In the past decade, there has been much debate over the fact that violence is legally defined as "obscene" only when associated with sexual material. In 1984, a bill was proposed in the House of Commons that removed the link between violence and sex in the Criminal Code's obscenity provision: it proposed to amend the definition of obscenity to include "the undue exploitation of violence in degrading material." However, Bill C-19 did not make it past the first stage of the legislative process.

Similar changes to the Criminal Code have been recommended by the Special Committee on Pornography and Prostitution (1985), the House of Commons Standing Committee on Communication and Culture (1993), and the Standing Committee on Justice and Legal Affairs (1994).

In March 1996, the Department of Justice released a consultation paper entitled The Undue Exploitation of Violence. The paper reviewed voluntary and regulatory measures on violent material, and the need for further legislative restrictions. In particular, the consultation paper encouraged public response to the recommendation to change the Criminal Code – such that the law prohibit the depiction of violence by itself, and not only when depicted in conjunction with sex.

But despite two decades of advocacy for the exploitation of violence as an offence, the depiction of violence still remains linked with sex as an obscenity in the Criminal Code.

Other Statutes Relating to Violent Material

Statues defined under the Canadian Broadcasting Act authorize the Canadian Radio-television and Telecommunications Commission (CRTC) to set regulations pertaining to issues of violence. As a condition of licence, radio and television stations, the cable industry, and pay-TV and pay-per-view services must adhere to voluntary codes on violence. Internet Service Providers have also developed a code of conduct in which they agree to remove any illegal material transmitted over their services.

Full Text: Criminal Code