A 'reasoned apprehension' of overbreadth: An alternative approach to the problems presented by section 163.1 of the Criminal Code

Sara Smyth

Research output: Contribution to journalArticleResearchpeer-review


While child pornography is an old and deeply rooted problem in our society, the laws to combat it are surprisingly new.' It was not until 1993 that Parliament created a number of offences relating to child pornography in section 163.1 of the Criminal Code.2 Its broad definition of child pornography includes fantasy materials, which involve no real children in their production, and imposes severe penalties upon those who are convicted of child pornography crimes in Canada. This includes making it an offence punishable by up to ten years in prison for making, distributing, or possessing child pornography for the purpose of distribution and criminalizing simple possession, which is punishable by up to five years imprisonment.
Original languageEnglish
Pages (from-to)69-123
Number of pages55
JournalUniversity of British Columbia Law Review
Issue number1
Publication statusPublished - 2009


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