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How Does the Case of R V

Question 59

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How does the case of R v. Sharpe (Box 7.2; p. 157) highlight the tension between individual rights and the need to protect the general public? Consider the decision made by the Supreme Court of Canada and the subsequent decision of the B.C. Supreme Court, which found that Sharpe's written work had "artistic value." Among the issues that could be discussed are the extent to which the courts should consider the notion of "community standards" in making decisions, and how the courts can balance the rights of the community, the defendant, and, in this case, children.

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