• Registered: 10-26-2009
  • Posts: 1

Topic: Supreme Court of Canada Criminalizes Online Youth-Adult Communication

On December 3, 2009, the Canadian Supreme Court issued a ruling in the case of Legare v. The Queen, 2009 SCC 56.

The Court in that case interpreted § 172.1 of the criminal code so as to allow prosecution of adults who "communicate by computer with underage children or adolescents for the purposes of facilitating the commission of [] offenses."

However, and this is the scary part, the Court defines facilitation to include "grooming," "reducing their inhibitions," and "prurient discourse."  Further, the Court went on to note that "sexually explicit language is not an essential element of the offense[]" and that grooming can include "conversations about their home life, their personal interests or other innocuous topics."  And since the intent to actually commit an underlying offense (or even to meet the minor) is not an element of the crime, the ruling has been interpreted by some as effectively criminalizing online adult-youth communication:

"If you're an adult and if you're having conversations with a child on the Internet, be warned because even if your conversations aren't sexual and even if your conversations are not for the purpose of meeting a child and committing an offence against a child, what you're doing is potentially a crime" --Mark Hecht, of Beyond Borders.

For more information, CTV has a decent article at: http://www.ctv.ca/servlet/ArticleNews/s … hub=Canada

The decision can be read at: http://csc.lexum.umontreal.ca/en/2009/2 … scc56.html

Last edited by antialiased (12-09-2009 14:17:17)

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  • Registered: 09-17-2009
  • Posts: 3

Re: Supreme Court of Canada Criminalizes Online Youth-Adult Communication

That has to be one of the most stupidest laws ever made!
well I certanly do not see canda  supporting our goal!

infact people should submit that to all the stupid and dumb laws
web sites all over the net!!!.


antialiased wrote:

On December 3, 2009, the Canadian Supreme Court issued a ruling in the case of Legare v. The Queen, 2009 SCC 56.

The Court in that case interpreted § 172.1 of the criminal code so as to allow prosecution of adults who "communicate by computer with underage children or adolescents for the purposes of facilitating the commission of [] offenses."

However, and this is the scary part, the Court defines facilitation to include "grooming," "reducing their inhibitions," and "prurient discourse."  Further, the Court went on to note that "sexually explicit language is not an essential element of the offense[]" and that grooming can include "conversations about their home life, their personal interests or other innocuous topics."  And since the intent to actually commit an underlying offense (or even to meet the minor) is not an element of the crime, the ruling has been interpreted by some as effectively criminalizing online adult-youth communication:

"If you're an adult and if you're having conversations with a child on the Internet, be warned because even if your conversations aren't sexual and even if your conversations are not for the purpose of meeting a child and committing an offence against a child, what you're doing is potentially a crime" --Mark Hecht, of Beyond Borders.

For more information, CTV has a decent article at: http://www.ctv.ca/servlet/ArticleNews/s … hub=Canada

The decision can be read at: http://csc.lexum.umontreal.ca/en/2009/2 … scc56.html

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  • Registered: 09-19-2010
  • Posts: 13

Re: Supreme Court of Canada Criminalizes Online Youth-Adult Communication

I'm surprised nobody saw this coming, I could see the direction it was headed ever since I read the vague "position of trust" wording that makes the age of consent 18 instead of 14 (or instead of 16 currently). Position of trust was expanded to avoid 'exploitation' with a variety of criteria such as 'if they met on the internet' or 'how long they were dating'.

Now it's gone beyond that to conversations even if someone never meets or has sex at all, because it's seen as grooming them to do that, even if it was something like an educational website trying to help and protect by answering health concerns.

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  • Registered: 02-08-2011
  • Posts: 10

Re: Supreme Court of Canada Criminalizes Online Youth-Adult Communication

Deplorable law!!

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  • From: NYC
  • Registered: 03-07-2011
  • Posts: 18

Re: Supreme Court of Canada Criminalizes Online Youth-Adult Communication

Guys , I think that grooming is a wounderful thing and having a relationship with a "person in a possition of trust" is prehapts the best one you can have , wheather it be a relationship with a pretty , sweet 24 year old english teacher at your school( ,you know , like the pretty lady in a flowered dress and a personality like clover honey that kids have crushes on in random movies) or the kindly ,old man down the street that just happens to be obsessed with 13 year old girls .Or an internet boyfriend that seems to be a nice guy. Btw , the ONLY immoral or "creepy" thing about a teen girl or boy have their online sex friend come over is if he is a rapist or a murderer . There is nothing especailly wrong with the meeting or the concentual sex that may follow ,no matter how creepy and sadio/mascistic YOU might like it to be.FREEDOM BEFORE LOGIC.

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  • From: NYC
  • Registered: 03-07-2011
  • Posts: 18

Re: Supreme Court of Canada Criminalizes Online Youth-Adult Communication

Guys , I think that grooming is a wonderful thing and having a relationship with a "person in a position of trust" is prehapts the best one you can have , whether it be a relationship with a pretty , sweet 24 year old english teacher at your school( ,you know , like the pretty lady in a flowered dress and a personality like clover honey that kids have crushes on in random movies) or the kindly ,old man down the street that just happens to be obsessed with 13 year old girls .Or an internet boyfriend that seems to be a nice guy. Btw , the ONLY immoral or "creepy" thing about a teen girl or boy have their online sex friend come over is if he is a rapist or a murderer . There is nothing especailly wrong with the meeting or the concentual sex that may follow ,no matter how creepy and sadio/mascistic YOU might like it to be.FREEDOM BEFORE LOGIC.

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  • From: NYC
  • Registered: 03-07-2011
  • Posts: 18

Re: Supreme Court of Canada Criminalizes Online Youth-Adult Communication

LOGIC BEFORE ORDER
MORALS BEFORE ORDER
MORALS BEFORE LAW
LAW BEFORE JAIL ( lol)

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