This is a tricky question. Artistic creations, such as paintings, drawings, comic books, and short stories, are still illegal child pornography if they meet the definition of child pornography in the Criminal Code. However, the Code provides a “legitimate purpose” defence to child pornography crimes.
The legitimate purpose defence protects an accused from being convicted of child pornography crimes for actions that have a legitimate purpose related to the administration of justice or to science, medicine, education, or art, and do not pose an undue risk of harm to children. For example, prosecutors, defence lawyers, and judges viewing child pornography for a case are not liable for accessing child pornography.
However, if someone possessed child pornography for both legitimate and illegitimate purposes, then they would be guilty of possession of chid pornography. For example, if a researcher possessed child pornography for the legitimate purpose of making research materials, but intentionally sent it to someone unconnected to the research, then they are guilty of child pornography possession and distribution crimes.