R v Sharpe

R v Sharpe
Supreme Court of Canada
Hearing: January 18, 19 2000
Judgment: January 26, 2001
Full case nameHer Majesty The Queen v John Robin Sharpe
Citations2001 SCC 2, [2001] 1 SCR 45
RulingAppeal 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
MajorityMcLachin (paras 1–130), joined by Iacobucci, Major, Binnie, Arbour, and LeBel
ConcurrenceL'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.


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