Supreme Court won’t hear appeal in case of novelist acquitted of child porn

OTTAWA — The Supreme Court of Canada declined on Thursday to hear an appeal in the case of a Quebec author acquitted of producing child pornography in connection with fictional scenes in a horror novel.

In refusing to hear the case, the Supreme Court indicated it did not have jurisdiction to consider the matter.

Quebec Superior Court last year acquitted author Yvan Godbout, who had been charged with producing child pornography over passages found in his novel Hansel et Gretel, which include scenes of sexual abuse of a minor-aged brother and sister.

In a Sept. 24 judgment, Justice Marc-Andre Blanchard ruled that certain articles of Canada’s child pornography laws cast too wide a net, targeting works of literature that don’t endorse or promote pedophilia.

The decision noted the law was broadened in 2005 to include not just material that advocates for, or encourages, pedophilia, but any description of sexual acts with children, as long as the description is a dominant characteristic of the work of fiction and is done with a sexual purpose.

While sexual material involving minors is harmful, “the court believes we must distinguish between material that exposes a tangible reality, videos or photos or even drawings, from literary fiction,” Blanchard wrote.

Blanchard ruled that two of the articles in the Criminal Code violate sections of the Charter of Rights and Freedoms guaranteeing the right to freedom of expression and to life, liberty and security of the person.

The Quebec attorney general sought leave to appeal directly to the Supreme Court the aspects of the decision that touched on the legal framework in order to have a debate on whether strict child pornography laws are reasonable limits on free expression.

At Godbout’s trial, the prosecution acknowledged a violation of the author’s freedom of expression but argued it was justified in order to protect society’s youngest and most vulnerable members. All material depicting sexual acts with children is harmful, it was argued.

The acquittal was praised by some writers’ groups, who described it as victory for artistic freedom.