 | This article needs additional citations for verification. (November 2024) |
| R v Butler | |
|---|---|
 | |
| Hearing: June 6, 1991 Judgment: February 27, 1992 | |
| Full case name | Donald Victor Butler v. Her Majesty The Queen |
| Citations | [1992] 1 S.C.R. 452, 89 D.L.R. (4th) 449, 2 W.W.R. 577, 70 C.C.C. (3d) 129, 11 C.R. (4th) 137, 8 C.R.R. (2d) 1, 78 Man. R. (2d) 1, 78 Man. R. (2e) 1 |
| Docket No. | 22191 [1] |
| Prior history | Judgment for the Crown in the Manitoba Court of Appeal. |
| Ruling | Appeal allowed. |
| Holding | |
| The criminal offence of distribution of obscenity infringes section 2(b) of the Canadian Charter of Rights and Freedoms but can be justified under section 1 of the Charter. | |
| Court membership | |
| Chief Justice: Antonio Lamer Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, William Stevenson, Frank Iacobucci | |
| Reasons given | |
| Majority | Sopinka J., joined by Lamer C.J. and La Forest, Cory, McLachlin, Stevenson, and Iacobucci JJ. |
| Concurrence | Gonthier J., joined by L'Heureux-Dubé J. |
R v Butler, [1992] 1 S.C.R. 452 is a leading Supreme Court of Canada decision on pornography and state censorship. In this case, the Court had to balance the right to freedom of expression under section 2 of the Canadian Charter of Rights and Freedoms with women's rights. The outcome has been described as a victory for anti-pornography feminism[2] and the Women's Legal Education and Action Fund,[3] but a loss for alternative sexualities.[4]
- ^ SCC Case Information - Docket 22191 Supreme Court of Canada
- ^ Lorraine Johnson, "Sideways Glances: Looking at Porn, Looking at Art," in Suggestive Poses: Artists and Critics Respond to Censorship, ed. Lorraine Johnson (Toronto: Toronto Photographers Workshop and The Riverbank Press, 1997), p. 16, quoting Ms. magazine.
- ^ Christopher P. Manfredi; Scott Lemieux, "Judicial Discretion and Fundamental Justice: Sexual Assault in the Supreme Court of Canada," The American Journal of Comparative Law, Vol. 47, No. 3. (Summer, 1999), p. 500.
- ^ Segal, Lynne (February 1998), "Only the Literal: The Contradictions of Anti-pornography Feminism", Sexualities, 1 (1): 52, doi:10.1177/136346098001001003, S2CID 145676419