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 Summit of the Americas 2001

Child Pornography and the Recent Sharpe Decision

April 11, 2002

Children are the most vulnerable members of society - and never more so than against the appalling exploitation inherent in the possession, production and distribution of child pornography.

We will always act to ensure that our children enjoy the strongest protection against these predators and to foreclose any circumstance that leaves open the possibility that Canadian children will be open to such horrific abuse.

The recent decision by the B.C. Court in respect of Sharpe is a complex one. And the Minister of Justice is considering its implications. Accordingly, it would be inappropriate to make any comment.

Having said that, it is important to remember that Sharpe was found guilty of possession of child pornography in relation to photographs.

Thanks to our government’s aggressive action during the earlier Sharpe case, the Supreme Court last year upheld our law which made it illegal to produce, distribute, import, sell and possess child pornography.

Indeed, rather than waiting for that case to reach the Supreme Court, we took the extraordinary step of joining the Government of British Columbia in defending the law before the provincial Court of Appeal.

We have also passed one of the toughest laws in the world against child pornography on the Internet.

Bill C-15A makes it a crime to transmit, make available, export and intentionally access child pornography on the Internet.

The Bill also makes it illegal to use the Internet to communicate with a child in order to facilitate the commission of a sexual offence against that child.

Recently, the Senate has amended and voted on the Bill -- it has since been sent back to the House of Commons.

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