NCA Canadian Constitutional Law Practice Exam 2025 – Complete Study Resource

The case of R v. Sharpe addressed important issues concerning the limits of freedom of expression under the Canadian Charter of Rights and Freedoms, particularly in the context of self-created expressive material. In this case, the Supreme Court of Canada recognized a distinction between materials that exploit children and those that do not. The Court acknowledged that individuals may possess self-created expressive material intended solely for personal use, especially in the context of artistic expression, as long as it does not involve the exploitation of minors or fall under the purview of banned materials.

While the Court upheld child pornography laws as constitutionally valid to protect children from exploitation, it also clarified that the law should not criminalize an adult's possession of self-created materials meant for personal use, provided they are not illegal. This understanding reflects a balance between protecting societal values concerning child exploitation and safeguarding individual freedom of expression.

Consequently, the outcome of R v. Sharpe solidifies the idea that self-created expressive material for personal use is permissible under certain conditions, highlighting the complexity of the intersection between freedom of expression and legislative frameworks designed to protect against harm.