Mr. Speaker, if a tree falls in the forest and no one is there to hear it, how do we know it happens?
I have a problem with Mr. Justice Shaw's reasoning on artistic merit. If I understand the decision correctly it was not intended for distribution. That was one aspect of his decision. If I look at the Mona Lisa or read Mark Twain there is a consumer or critic at the other end who makes the judgment. I have a lot of problems with the judge's reasoning in the decision.
The way the section of the criminal code is worded it seems if one can find anything of artistic merit it becomes an absolute right and defence. However I remind the House of what Oliver Wendell Holmes said about freedom of expression. He said if one stands in a crowded theatre and yells fire there is no such thing as absolute right to free expression. If the legislation is worded as an absolute right it is incumbent on parliament to fix the problem.
If there is a conflict between the protection of children and artistic merit we should weigh in favour of the child and not the artistic merit argument. Could my hon. colleague comment on the balancing act that must take place in this area? I would hate to see children lose out to the argument of artistic merit every time.