163. (1) Every one commits an offence who
(2) Every one commits an offence who knowingly, without lawful justification or excuse,
(3) No person shall be convicted of an offence under this section if the public good was served by the acts that are alleged to constitute the offence and if the acts alleged did not extend beyond what served the public good.
(4) For the purposes of this section, it is a question of law whether an act served the public good and whether there is evidence that the act alleged went beyond what served the public good, but it is a question of fact whether the acts did or did not extend beyond what served the public good.
(5) For the purposes of this section, the motives of an accused are irrelevant.
(6) [Repealed. 1993, c.46, s.1.]
(7) In this section, "crime comic" means a magazine, periodical or book that exclusively or substantially comprises matter depicting pictorially
(8) For the purposes of this Act, any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence, shall be deemed to be obscene. [R.S., c.C-34, s.159; 1993, c.46, s.1.]
Note: The offence of exhibiting a disgusting object is unconstitutionally vague and violates s.2(b) and s.7 of the Canadian Charter of Rights and Freedoms and is of no force and effect. R. v. Glassman and Bogyo (1986), 53 C.R. (3d) 164 (Ont. Prov. Ct.).
The offence of exhibiting an indecent show is not unconstitutionally vague. R. v. Pelletier (1985), 27 C.C.C. (3d) 77, 49 C.R. (3d) 253,  R.J.Q. 595 (C.A.).