Further, it is only the public distribution and exhibition of obscene materials which is in issue here. Given the gravity of the harm, and the threat to the values at stake, there is no alternative equal to the measure chosen by Parliament. Finally, the effects of the law do not so severely trench on the protected right that the legislative objective is outweighed by the infringement. Sopinka J.'s reasons were generally agreed with, subject to the following comments. The subject matter of s. 163 of the Code , obscene materials, comprises the dual elements of representation and content, and it is the combination of the two that attracts criminal liability.
Obscenity leads to many ills.
Obscene materials convey a distorted image of human sexuality, by making public and open elements of human nature that are usually hidden behind a veil of modesty and privacy. These materials are often evidence of the commission of reprehensible actions in their making, and can induce attitudinal changes which may lead to abuse and harm. Parliament through s. 163 prohibits, and does not regulate, the circulation of obscene materials. In determining whether they are obscene, the impugned materials must therefore be presumed available to the Canadian public at large, since restrictions on availability are the result of regulatory measures which fall outside the purview of these provisions. While the content of this category of materials is generally perceived as unlikely to cause harm, there are exceptions, such as child pornography.