EbeneNews – CA – Author Yvan Godbout acquitted of production of child pornography

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Lâ ???? stake was was was was huge for it author Yvan Godbout, since ???? he risked ending up in prison if a jury found guilty of such a crime

In a major decision for artistic freedom and expression, author Yvan Godbout and his publisher son were acquitted on Thursday of having product of child pornography in horror novel Hansel and Gretel Judge describes “random” law of “extremely large” character likely to criminalize reading certain books in the library that

Louis-Samuel Perron La Presse

Stephanie Vallet, Press

Lâ ???? stake was was enormous for there ???? author Yvan Godbout, since ???? he risked ending up in prison if a jury came out. had found guilty of? ??? such a crime At the heart? heart of the dispute, 14 passages from his 250-page novel relating to scenes of rape and rape incest between a father, his son and his daughter

In addition to acquitting the novelist, Judge Marc-André Blanchard invalidates sections of the Criminal Code relating to child pornography, because they violate the right to liberty of? ? expression Changes to the Act in 2005, including the removal of the “artistic merit” exemption from a Å ?? work, have the effect of “sâ ??? “To attack literary material”, ruled the judge of the Superior Court

“One thing is obvious ONE ?? the ???? Obviously, a large section of ?? some pornographic literature, containing passages of child pornography, is now covered by this new definition of the Criminal Code, as well as some Å ?? works of ?? other natures which contain such passages “, writes Judge Blanchard

Potential citizens as well as finding themselves “potential” in a position of being accused of possession or distribution of child pornography by consulting books in the library or bookstore, underlines the judge. He quotes in his decision the writings of the Marquis de Sade, winners of the Nobel Prize for Literature and the thrillers of Stephen King or Patrick Séncal

Dâ ???? elsewhere, he adds, one can “reasonably” wonder why the prosecutors decided on “s”. attack  ”to the book of ?? ? Yvan Godbout, â € œWhen dâ ???? others Å ?? works which certainly appear gritty in their content “are not prosecuted

 «Ã ?? Obviously, he doesn’t know does not act for the Tribunal to decide on this question, but it nevertheless illustrates the extremely large, and to a certain extent, random nature of the current legislative scheme which makes it possible to resolve this question. attack literary material of a similar nature “, explains the judge

In addition, the Tribunal cannot rely “at the discretion of the Crown” to ensure that further charges will not be laid “in the future at that time. place of literary material similar to that produced by [Yvan] Godbout  ”

Until ???? in 2005, one writing was child pornography only sâ ???? he “recommended or advised” a sexual activity with a minor In the old regime, it would therefore have been “almost unthinkable” that the author Yvan Godbout be accused. Thus, insists the judge, the absence of words “Advocates or advises” in the Criminal Code “fundamentally undermines the right to freedom of expression”

 «The constitutional validity of the legislative provisions [â ?? ¦] is further reduced by the fact that ???? At the very least, some category of expressive material that lies at the heart of it? on the values ​​that underpin the right to freedom of expression, such as this? Personal fulfillment and the search for truth by participating in a necessary social discourse since it aims to denounce behaviors of sexual predators, such as lâ ???? admits the [Attorney General of Quebec], now sees herself sensitive to criminal prosecution, ”notes Judge Blanchard

The magistrate also notes in his decision the “astonishing”, even “exorbitant” means deployed to arrest Yvan Godbout Lâ ???? author was in fact arrested at his home at 6 am by police, while he slept in his room He was then interrogated for five hours

“We are not in the presence of ???? a potential pedophile who is he is acts of getting caught or caught red-handed [â ?? ¦], but rather dâ ???? an author of a novel [â ?? ¦] which sells to the broad daylight and to the public, in particular, in Costco warehouse stores One can therefore seriously sâ ???? ask about it About the measures taken by the police in the circumstances “, writes the judge

Lâ ???? lawyer of ?? Yvan Godbout, Me Jean-Philippe Marcoux welcomes the decision of Judge Blanchard  «Câ ???? is a very heavy burden that my client had to bear This judgment is going to matter here and around the world, as it highlights the unconstitutionality of the law in the Criminal Code regarding a definition of pornography juvenile much too big “, he maintains

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Yvan Godbout, Acquittement

EbeneNews – CA – Author Yvan Godbout acquitted of producing child pornography


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