Ottawa preparing new child-porn law
Could move as early as next week, depending on Supreme Court ruling Friday
Brian Laghi-Globe & Mail--Wednesday, January 24, 2001
OTTAWA -- Ottawa is prepared to move as soon as next week to introduce new legislation on child pornography should the Supreme Court of Canada strike down the federal law in a judgment expected Friday.
The Globe and Mail has learned that the federal Justice Department has prepared several scenarios depending on the court's decision. The government is intent on moving right away to introduce a rewritten law should the top court strike down the current legislation.
Parliament reconvenes next week, but it will probably be toward the end of the week before a new law could be unveiled. The House of Commons must elect a Speaker on Monday, while the Speech from the Throne will occupy the Commons on Tuesday.
Sources said federal officials recognize that the decision will be controversial, and want it dealt with as soon as possible. The decision could set up a massive and controversial debate over whether the federal government should use the Constitution's notwithstanding clause to get around the judgment. However, sources said yesterday that the government is not about to do that.
Federal officials would not divulge the details of the legislation, only that is aimed at protecting children.
At issue is whether the existing law is overly broad. The law was challenged by John Robin Sharpe, a 67-year-old Vancouver man, who succeeded in having the British Columbia Supreme Court strike it down.
Lawyers for Mr. Sharpe argued that the law is so broad that it allows overzealous law-enforcement officials to prosecute people for private diaries, personal drawings and works of art that do not put children in danger.
Mr. Sharpe possessed pictures of young boys in sexual positions as well as stories he wrote involving pedophilia.
The Supreme Court could back the B.C. court's decision to strike down the law by ruling that it reaches too far, and give the federal government a deadline to rewrite it. It could also uphold the law, saying the protection of children is a reasonable limit on freedom of speech.
Sources familiar with the court said yesterday the date of the announcement probably means that it will find that the law is overly broad.
The court probably waited until the weekend before Parliament convened to release its decision to ensure the House of Commons could act with speed on the issue. |
