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A videotape titled "Rage" showed a woman being urinated on and having her head dunked in a toilet. The final piece of evidence, entered on February 19, was a video titled "Gia", which, among other things, featured a woman suspended by her ankles while someone poured hot wax on her labia. When students from a Grade 12 law class on a field trip from Churchill secondary entered the court, the video was paused so Judge Low could advise the teens of the graphic evidence on the TV.
The students left shortly after the video resumed playing. Low stopped proceedings on several occasions during the four days to ask if screening all 11 videos was necessary, but Mahoney said the videos are crucial.
Failure to enter all of the material into evidence would be grounds for an appeal should the Crown win the case, Mahoney noted. On at least three occasions, though, Mahoney said he fully expects the case to end up in a higher court, regardless of the outcome. Section 8 of the Criminal Code of Canada defines obscenity as "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".
Whether or not there is an "undue exploitation of sex" is determined in several ways. First, the court must consider if the material passes the community standard of tolerance test, whether Canadians would tolerate other Canadians being exposed to the work in question. The Supreme Court of Canada Butler decision further interpreted the obscenity law, in part, by deeming material obscene if it exposes viewers to "a substantial risk of harm"; in other words, if it may encourage someone to act in an antisocial manner.
The Crown presented its case February 16 to 19 in the form of the videos; Kent-Snowsell told the court on February 18 that he plans to argue that the seized material actually does meet community standards because it depicts acts integral to BDSM, which he described to Low as an "acknowledged sexual practice which is fairly popular". Kent-Snowsell said he will also argue that the videos are little more than theatrics and that the apparent violence seen on-screen is safe, sane, and consensual within the context of BDSM play.
He told Low he plans to call two expert witnesses to testify to the mechanics of BDSM play, and he has also requested an unrestricted Internet feed for the court so he can demonstrate the sign-up process and how Web surfers access the films.
Should Kent-Snowsell's client win his case, Low's ruling could challenge current standards of what is acceptable pornographic content in Canada and what goes too far. So when did it become de rigueur to not stop at crosswalks? Now people just slow down a bit, and News Topics. Meanwhile, local BDSM practitioners are keeping a close watch on the case. Facebook comments not loading? Please check your browser settings to ensure that it is not blocking Facebook from running on straight. Get daily news , prebuys and contest updates.
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