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Obscenity Laws in Canada

Part V of the Criminal Code / Sexual, Moral & Disorderly Conduct

Print, Publish, Distribute or Possess Obscene Material

If you have been charged with a crime in Canada, you should consult with a criminal defence lawyer in your area

Obscenity - Glossary of Terms

Glossary of Legal Terms

Crown prosecutor

Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.

Hybrid offence

Hybrid offences fall between a summary and an indictable offence. The Crown prosecutor chooses whether to treat the offence as a summary or indictable offence.

Indictable offence

Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.

Obscene material

Any image or publication that features an undue exploitation of sex or any one or more of the following subjects: crime, horror, cruelty and violence.

Reasonable doubt

The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."

Summary conviction

Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.

Obscenity - Tagged With:
Code Citations: Section 163 (3)
Obscenity - Referenced Links