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Canada recognizes young people’s constitutionally protected freedom of expression and consequently their right to engage in a narrow subset of consensual sexually expressive practices without being prosecuted as child pornographers.
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When considering the dual concerns of protecting children and protecting free expression, Chief Justice Mc Lachlin, writing on behalf of the majority, found that prohibition against possession of child pornography “captures in its sweep materials that arguably pose little or no risk to children, and that deeply implicate the freedom [of expression] guaranteed under s. Despite the existence of this exemption, present day social, political, and extra/legal debates surrounding teenage sexting in Canada tend not to acknowledge the constitutionality of this subset of teenagers’ consensual sexual expression 5.Recognizing that the adjective risqué derives from the French , literally meaning ‘to risk’ 8, we nevertheless start from the position that “Nothing is a risk in itself; there is no risk in reality.But on the other hand, anything can be a risk; it all depends on how one analyses the danger, considers the event” (, p. We propose that extant frameworks, which conflate consensual and nonconsensual sexting and which equate both with negative risks that purportedly outweigh the value and benefits of the practice, rely on a calculus that is fundamentally flawed.One such warning issued by the Royal Canadian Mounted Police (RCMP) in 2011 claims: of Canada.
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