R. v. Butler,  1 S.C.R. 452, 89 D.L.R. (4th) 449-499
Regina v. Butler
- Cases Cited
- Statutes and Regulations Cited
- Authors Cited
Court Decision. (Appeal allowed; new trial ordered.)
(Lamer C.J. and La Forest, Cory, McLachlin,
Stevenson and Iacobucci JJ. concurring)
(L'Heureux-Dubé J. concurring)
Facts and proceedings
Court of Queen's Bench (1989), 50 C.C.C. (3d) 97
- Manitoba Court of Appeal (1990), 60 C.C.C. (3d) 219
... Huband J.A. (O'Sullivan and Lyon JJ.A. concurring)
... Twaddle J.A., dissenting
... Helper J.A., dissenting
- Criminal Code, s.163, R.S.C., 1985, c.C-46
Judicial interpretation of s.163(8)
Section 163(8) to be exclusive test
Tests of "undue exploitation of sex"
"Community standard of tolerance" test
"Degradation or dehumanization" test
"Internal necessities test" or "artistic defence"
The relationship of the tests to each other
Does s.163 violate s.2(b) of the Charter?
Is s.163 justified under s.1 of the Charter?
Is s.163 a limit prescribed by law?
Balance between effects of limiting measures and legislative objective
The substance of s.163 of the Code
A representation and its content
Prohibition and regulation
The three-category classification
Materials of the third category
Tolerance and harm
The constitutional validity of s.163 of the Code