Child Pornography Essay

Canada is a free democratic society that protects and guarantees individual Charter rights and freedoms. However, these rights and freedoms are not absolute and can be limited when they infringe on the rights and freedoms of others. As a result, competing rights and values often emerges; therefore, the courts are in place to create a balance. To create this balance individual and societal factors are taken into consideration when the courts make their decisions. Additionally, the dignity and equality of children rights is violated through the existence of pornographic materials independent of its distribution. Therefore, the possession of child pornography limits freedom of expression as it innately harmful to children and the broader society.

Furthermore, as members of society we have a legal obligation to obey the rules of law. As a result, conformity from its members keeps society running smoothly and efficiently. However, disruptive members to society are sanctioned to guarantee conformity from the rest of the population. Additionally, the criminal code of Canada dictates behaviors that are unacceptable in society and Mr. Sharpe broke those laws regardless of his Charter infringement claim. Therefore, the possession of child pornography shows Mr. Sharpe blatant disregard for Canadian laws. As a result, his actions violated the rules of law and accountability is warranted. (ADD MORE SENTENCES FROM Social solidarity and the enforcement of morality revisited: some thoughts on H.L.A. Hart 's critique of Durkheim (Humber

However, the need to protect children from harm far outweighs the infringement on Mr. Sharpe freedom of expression. This coincides with Durkheim’s collective consciousness, where laws are based on the collective consciousness of the society. Furthermore, it is unacceptable for authorities to violate the Charter to collect evidence that leads to convictions. However, it is equally wrong for individuals to use the Charter as a safe blanket for engaging in criminal activities. Mr. Sharpe while entitled to his Charter rights and freedoms is limited since the possession of child pornography is harmful to society. Furthermore, the collective perception of society views child pornography as a heinous crime and can destroy the social fabric of society. As a result, the court would rule in the favor of the broader society as children are at risk due to their vulnerability. Furthermore, criminal activities that endangers children re-enforces social solidarity and morality in a population. To prevent social disorder and chaos in society the need to punish deviance behavior is necessary, especially those involving