Abstract

Child pornography on the Internet is a problem almost invisible to the general public, which has produced consternation among those entrusted with the protection of society. The argument is presented that a great deal needs to be done to protect children and eradicate this illegal material from the Internet. I interviewed police officers, members of the judiciary, legislators and their advisors to discover what is being done to resolve these issues in Canada. The Canadian Criminal Code has been amended to include sections which deal specifically with child pornography and the Internet; sections 163.1(1) to 163.1(7) have proven to be inadequate in the face of challenges from the Canadian Charter of Rights and Freedoms particularly in the Sharpe case. The lack of legislative clarity begs inquiry into the formation of laws, their interpretation by the bench and enforcement by the police. In conclusion I present a series of recommendations, drawn from my interviews and from the available literature, to correct the problem of child pornography on the Internet and, thereby, to protect the children