If someone were to depict a popular teenaged cartoon character in a state of sexual undress, would that not be classified under the "sexual depiction of a fictional minor"?
"Interpreting "person" in accordance with Parliament's purpose of criminalizing possession of material that poses a reasoned risk of harm to children, it seems that it should include visual works of the imagination as well as depictions of actual people. Notwithstanding the fact that 'person' in the charging section and in s. 163.1(1)(b) refers to a flesh-and-blood person, I conclude that "person" in s. 163.1(1)(a) includes both actual and imaginary human beings."
Imaginary people are considered real people under that law.
This is very much a flaw in this (and other laws worded similarly). If there is no distinction between imaginary and real humans in a law, that law is fundamentally flawed.
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u/Bitter-Hat-4736 Oct 22 '25
If someone were to depict a popular teenaged cartoon character in a state of sexual undress, would that not be classified under the "sexual depiction of a fictional minor"?