Obscenity Laws and the Canadian Charter of Freedom and Rights - Essay Example

Canadians are now at risk of suffering from perverse and obscene acts basically due to the Human Rights Act of 1998 overshadowing these laws. The main issue here is that it is impossible for the children of Canada to be safeguarded and protected from instances of child pornography and other ill affects because these laws can not be relied upon fully to efficiently protect their rights in particular. There is no doubt that this holds inexplicit validity as, instead of the obscenity law really helping, it is placing more adverse repercussions onto the children due to the fact that it is unreliable.

How can a child find any normalcy and guaranteed protection for their life from child pornography if a court is going to rule it a piece of art Therefore, not only are the children at risk of harm by such actions but the parents who are trying to guard them from being confronted with the various negativities associated with obscenities such as child prostitution and pornography are as well. This is not only off balance in protecting the children's rights and mental health but it is an issue of inequality as well for it appears that the idea of what is art holds more credence in the courts than does the life and well being of a child in particular and there is no equality in that.

In this regard these laws are not wholly fair and it is agreed that the following research is true to the fact that these laws are unjust at times. For example, a person accused of child pornography can only be prosecuted if the gathered material is found to be eliciting youth who are underage in obvious sexual acts and even then the proof must be irrefutable1. Undoubtedly, where the main problem with the law is coming in at is in how the Courts are having to ensure that even the violators rights are upheld as well.

For instance, an individual can be charged with breaching the obscenity law with regard to child pornography but they can argue that their material is strictly of art and is therefore not obscene. In order to protect each individual's rights in Canada the court must pause and consider the weight of the evidence and decide what degree of obscenity it actually holds if any. As was stated, it isn't fair to the children to even allow room to question child pornography in this regard as it is hurting the children of the country, not helping them.

In other words, a child being sexually solicited for the false idea of making art is totally wrong and how the courts could construe the law to see it in this light is an injustice to the children and parents of Canada. Pornography is pornography, period. It does not make sense to try and find an art form in child pornography when it is demoralizing the children of the country to do so.However, it is also the law that individuals must show valid proof that an obscene act limited or impinged upon their constitutional rights.

If they are unable to provide the factual basis of a claim then the courts will dismiss the case, which too many is unfair as well as unjust in upholding