R v Sharpe | |
---|---|
Hearing: January 18, 19 2000 Judgment: January 26, 2001 | |
Full case name | Her Majesty The Queen v John Robin Sharpe |
Citations | 2001 SCC 2, [2001] 1 SCR 45 |
Ruling | Appeal allowed, charges remitted to trial |
Court membership | |
Chief Justice: Beverley McLachlin Puisne Justices: Claire L'Heureux-Dubé, Charles Gonthier, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie, Louise Arbour, Louis LeBel | |
Reasons given | |
Majority | McLachin (paras 1–130), joined by Iacobucci, Major, Binnie, Arbour, and LeBel |
Concurrence | L'Heureux-Dubé, Gonthier, and Bastarache (paras 131–243) |
R v Sharpe, 2001 SCC 2 is a constitutional rights decision of the Supreme Court of Canada. The court balanced the societal interest to regulate child pornography against the right to freedom of expression possessed by the defendants under section 2 of the Canadian Charter of Rights and Freedoms; holding, that while general prohibition of child pornography was constitutional, there were some limits imposed by the Charter. The decision overturned a ruling by the British Columbia Court of Appeal.