last updated: October 2019
The pornography laws in Ontario, Canada are largely similar to the porn laws found in other places, such as the United States and Great Britain. However, there are a few main differences from country to country when it comes to porn laws. Whether you would like to know because you’re visiting or moving to Canada, or living here, below are some of the most frequently asked questions about porn laws in Ontario.
Is watching porn illegal in Canada?
While it is not necessarily illegal to watch porn per se, there are a few laws in Ontario, Canada that place restrictions on the fabrication and distribution of pornographic content. In Canadian law, pornography is typically referred to as “obscene” content. In Section 163 of the Criminal Code, a publication with undue exploitation of sex is deemed “obscene.”
Canadian law considers it an offence to mail obscene publications or to publicly give an obscene theatrical performance. Canadian courts may charge the offender up to two years of imprisonment for these offences. The standard for obscenity is flexible and is based on the acceptance of the public of the explicit material.
What qualifies as child pornography?
According to the Canadian Criminal Code, child pornography is defined as pictures, videos, and films that depict individuals under the age of 18 as being involved in sexually explicit activities. The terms also applies if the age of individuals involved are depicted to be minors (aka under the age of 18). Images that show the sexual organs and/or the anal region of an individual under the age of 18 for sexual purposes also meet the definition of child pornography. In some cases, written and audio records of sexual activity of a person under the age of 18 may qualify as child pornography.
Is it a crime to watch underage pornographic videos?
In Canada, it is considered a criminal offence to possess, fabricate, advertise, or distribute content that qualifies as child pornography. The legislation does not give a clear definition of what can be considered as sexually explicit content. Therefore, the term “sexually explicit” is open to interpretation.
The minimum imprisonment term for the production and distribution of child pornography is one year while the maximum term is 14 years. Those who possess child pornography will receive a minimum imprisonment sentence of one year, and a maximum of 10 years (indictable offence). The imprisonment sentence for an offence punishable by summary conviction is six months to two years.
Is it legal to watch bestiality in Canada?
While it is not illegal to watch bestiality in Canada, it is considered a criminal offence to commit bestiality. According to Canadian law, and the introduction of Bill C-84 in 2019, bestiality has been redefined as “any contact, for a sexual purpose, with an animal” and those convicted of bestiality will be placed on the Sex Offender Registry.
What are consequences for offences related to pornography?
In Ontario, Canada, typically only offences related to child pornography are considered punishable by law. There are four different categories for offences relating to child pornography. These categories are possession, access, distribution, and the production of child pornography. The consequences for offences related to child pornography depend on the category of the offence.
If you have any further inquiries related to pornography laws and our legal system, or have been charged with a pornography-related offence, please reach out to us at yourteam@armouredsuits.ca or call our office 24-7 at 613-233-0008.
