Canada has lost it's due process of law...

[isabeau]

thank you venray

isabeau

 

[amk714]

Check THIS out for starters folks........

http://www.adultweblaw.com/laws/childporn.htm

Thanks for that, Ray. Even if we despise child porn and would never visit a site if we knew it had some, we should ALL be aware of these laws. Why do a few people have to make it tough on all of us? I guess that's life.

 

[Cosmo_ac]

here's something i found.

INDEPTH: CHILD PORN
Child porn FAQ

CBC News Online | June 22, 2004


If I e-mail photos of my own children taking a bath to family members, am I breaking the law?

No. The Criminal Code's definition of child pornography stresses that even if children appear nude in a photo, the focus has to be on sexual organs and the picture must be distributed for an explicitly sexual purpose.

Sometimes I get spammed e-mail with links to child pornography sites. If I click on one by accident, have I broken the law? Not if there's no intent. Senior Counsel Carole Morency, a legislator working on the new proposed changes to Canada's child pornography laws, says the law targets those who actively seek out child porn. Still, technically speaking, any picture you view on the web is downloaded and saved on your computer's hard drive. Even if you regularly empty your Recycle Box and clear out your caches, experts can still usually find it later. Morency says it's an understandable concern that some may fear an accidental download will come back to haunt them, but points out any sort of investigation would eventually prove their innocence.

Can a 17-year-old girl legally send nude photos of herself electronically to her 19-year-old boyfriend?

Yes – if it remains private correspondence between the two of them, it's a completely consensual action, and there's no exploitation taking place.

The Criminal Code says any picture or video featuring adults who are "depicted" as being younger than 18 is to be considered child porn. How am I supposed to know how old people are being depicted as?

The issue of "intent" comes into play. Morency explains child pornographers are typically more interested in material featuring pre-pubescent boys and girls than youth a few weeks shy of their 18th birthday. To put it bluntly, there's a difference between people who are actively searching for sexual material featuring children and those viewing photos of adults wearing schoolgirl uniforms.

Can all "digitally created" examples of child pornography be defended as having artistic merit?

Not necessarily. Morency says if something meets the definition of child pornography, then it meets it even if it was made using photo-manipulation software or the creator's imagination. If digitally created photos or fictional text stories are used as evidence in a courtroom, then experts must assess if they possess artistic value. That may change, though, if lawmakers remove the "artistic merit" defence and replace it with a test of the material's contribution to the "public good."

http://www.cbc.ca/news/background/childporn/childpornfaq.html

I'll look arund for more.

 

[amk714]

Interesting FAQ, Cosmo. I pretty much agree with it, but the last question is tricky. Just what do "artistic merit" and "public good" mean, and how are they determined? In any case, thanks for finding this.

 

[SlaverTickler]

Ok think on this...

If I am wrong (and I'm sorry if I am) then it is possible that someone hacked into Moses's comp and used his name while looking through kid-porn sights. A secound possibility is that he may have been on a site, didn't realize it, and then left once her saw what was on it. In the latter case the cops don't normaly come after you unless you're going back over and over. i know this because I've heard about people making claims that they were on the sites by accident, even though they had returned many times. There may be sites that the Cops set up to catch this skum.

The reason why I questioned you sinsarity is two fold. 1) the day before I read your post, and the day after, I heard reports of a guy being busted on Kiddie porn charges. The COPS found 5 hard drives full of the sick shit, 2) the way you worded your titls, and just recently your mention of having brown skin, makes it sound like you are playing the race card. A few months ago a guy was busted with an automatic weapon, and brief case full of coke, his lawyer got him off because of "Racial Profiling" the most BS defence in the history of Law.

The only problem with the Canadian Justice System is that they let people out on bail to easy. If you are caught carrying a weapon, or if someone hurts somebody elts you shouldn't just get bail. They recently busted a gang of thugs up here, claiming to be "Bloods" (what a joke) and it was discovered that atleast half of them were out on bail for gun relaited offences. How the hell do you comit a crime with a gun and get out on bail. THAT is the problem with Canadian law.

As far as your situation is Moses, if I jumped the gun I am sorry. It's better that they check out every possibilty (even weak ones) then risk that some perv gets away with hurting a kid. If you are inocent then I hope you freed, if your guilty, I hope you get locked away for good. Thats where I stand on this.

 

[venray]

Slaver I think you are mistaken in what happened to Moses. I cant comment with any more detail, but that isnt the way it went down.....

BUT thanks for your comments and I am sorry I jumped on ya a bit...

Cos....good start my friend....I am still concerned that (at least in the US) it is a jury that decides what is and isnt to be considered "intent" and not specified by law itself.....


Ray

 

[isabeau]

what about someone who accesses that website for research purposes? such as maybe trying to find out how this works and trying to put a stop to it? or writing a paper on child porn and using these websites for further info. how can whoever has access to your computer know the difference? i still say this is a violation of privacy.

and SlaverTickler it takes a real man to apologize and do it in an open forum

isabeau

 

[SlaverTickler]

Ones or twice...

If you were to fined yourslef on a Kiddie Porn site once or twice the Cops might not come after you, but if you go a couple of times a week for 2 or three weeks your not just doing research. Besides, if you wanted information on the subject you could talk to the cops, or maybe vist one of those bastereds in jail.

 

[Dussicar]

One thing I have learned about the Canadian justice system(being a resident of Canada all my life) is that it is steeped in reactionary, uneducated, knee-jerk ignorance.

Both Cosmo ac and Venray make compelling proof as to the nature of modern pornography laws. Both citing in no uncertain terms what can be done and not done.

This does not ease my mind, however. One thing I have come to learn while residing in this country is that what has happened to Moses may very well not have been a case of proper legality but a case of a few over-zealous agents with practically no knowlege of the fetish community and damned him solely on the grounds of not possesing "proper" pornography material.

This may sound very strange but bear with me. So many here are looking for common answers to Moses's problem that it breaks my heart to have to say that there is an outside chance that he ended up getting on the wrong side of someone with more education than brains. He also mentioned that it might be because he is also middle eastern. This is also a distinct possibility. Since 9/11 the American right has been banging the drums against the middle eastern communities in north america that there is a very large Canadian contingency that has in their attempt to become Americans twins, will swallow almost any horseshit jammed down their throats by a government that isn't even theirs! This sounds crazy, to be sure, but if you have lived in this country as long as I have, you will DEFFINATELY believe it.

Put these two ideals together and you have a recipie for incompetence. This does not just filter through the civilian populace alone. It also filters into our professional and LEGAL fields as well. With virtually an entire country of gutless wimps, there is not ONE person to be able to create a watchdog group to slap some sense into our ass-backwards justice and political systems. What you have in the end is an entire governmental system run by ignorant, upper-middle class, 1950's happy homemakers. They do nothing, they know nothing, and when they finally react to something you can be sure that it will be the equal to a bird hitting a window...AGAIN AND AGAIN And...

As far as I am concerned, Moses25, you did nothing wrong except for commiting the fatal mistake of living in the same country that just happened to have the Canadian justice system in it.

Sorry if this rambling manifesto dosen't enlighten any of you much more as to what I am trying to get at, but you have to understand that if I were to attempt to clarify any more, I'd be here until June 2008!