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Jessica Freeman

Mr. Ellsworth

ENG3U1-05

Friday, October 23, 2009

Child Pornography Laws:

Walking the Tightrope between The Charter Of Rights and Child Rights

When the Charter of Rights and Freedoms was enacted, Pierre Trudeau's Liberal

Government never thought that it would cause such problems as putting away criminal offenders.

Not just any criminal, but predators of children. Even with the current child pornography laws

being as harsh as they are, Canada is rated the ninth highest in the world for child pornography

(Ropelato). Child pornography laws should be stronger because of the victims and their families

mental health, we need stricter punishments to ensure it will not happen as often, and more

security in communities.

Child pornography is something most people can not understand, or do not want to

understand. The people who condone and participate in these monstrous acts of pleasure do it for

many different reasons that only make sense to these sorts of people. For instance, some

individuals will collect and distribute child pornography to stimulate their sexual desire; others

will watch it or force children to participate in it to make themselves believe that it is the

"normal" thing to do and that thousands of other people are doing it as well; a number of people

contribute for profit (Healy). Furthermore, these people do not care about the repercussions these

actions will have on the child, they are only interested in the benefits strictly related to

themselves. When a child is forced into watching pornography at such a young age, they can

become numbed and can become lead on to believe that pornography is normal for children to
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participate in. The children who are specifically involved in the pornography, can have more

serious side effects. These can include: emotional withdrawal, anti-social behaviours, mood

swings, depression, severe fear and anxiety, and limited ability to trust (Healy). Why should

these criminals spend five years of suffering in jail, if they even get sent to jail, when these

children and their families have to spend the rest of their lives suffering?

Even though it is said that Canada is to have one of the most strictest child pornography

laws ("The Supreme"), many of these offenders manage to get off using the excuse of freedom of

thought and art. When deciding the fate of these people, the prosecutors will probably spend

more time investigating and gathering evidence, then the offender him/herself will actually spend

in jail("The Supreme"). Since the Charter of Rights and Freedoms can be used as somewhat of a

"get-out-of-jail-free-card" its hard to get a conviction to be completed. Also these freedoms and

rights can not just be exempt from a certain group of people, because then other people will want

exemptions and the Charter will dissolve and there will have been no point. However, if by

making the pornography laws stronger, it will show people like this the consequences and that

the justice system is being serious on this issue. With a measly sentence of a maximum of five

years in jail, these people will just go right back to their ways once they are released from jail.

By raising the jail-time and making their consequences more dire, this can hopefully prevent the

amount of child pornography in the world today. In no way will it stop child pornography

completely, but at least there is the hope that not as many children will be hurt by this cruel

method of profit and pleasure. For an example, with murder punishments being so high, its does

not happen as often as if say the maximum penalty was ten years. If the maximum penalty for

child pornography was raised to ten years, there would be much less around.

With stricter punishments and more enforcements and protection around parks, schools,
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and areas where children get taken most often, this could ensure a decrease in the number of

children taken and used for these horrible acts of satisfaction. Stricter punishments alone will not

do the trick, they would certainly help, but not make a giant decrease by themselves. If police

officers were to patrol parks and high risk areas, pedophiles would not take children. However

that costs funding, but what is more important, the safety of the children or funding another new

Wal-Mart? The answer to that is simple.

To summarize, child pornography laws should be made stronger because of the victims

and their families mental health, to ensure that it will not happen as often and to guarantee a safer

community in which children can grow up safely. All it takes is a few simple acts in order to

make our world a better and safer place.

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Works Cited

Healy, Margaret A. "Child Pornography: An International Perspective." Computer Crime

Research Centre. 2 August 2004. 15 October 2009.

< http://www.crime-research.org/articles/536 >.

Ropelato, Jerry. "Internet Pornography Statistics." Top Ten Reviews. 16 October 2009.

< http://internet-filter-review.toptenreviews.com/internet-pornography-statistics.html >

"The Supreme Court and Child Porn." Canadian Broadcasting Corporation News. 22 June

2004. 15 October 2009. < http://www.cbc.ca/news/background/childporn/ >.