Hello 120years,
I should emphasize the disclaimer at the bottom of this page, which
indicates that answers and comments on Google Answers are general
information, and not intended to substitute for informed professional
legal advice. If you need such advice, you should contact a lawyer in
Canada. A Google Answers Researcher, as a layperson, can only do
general research on this topic, which you might then discuss with a
lawyer.
Every search I have run regarding the age for nudity in films in
Canada, or similar subjects, indicates that the key statute and case
are:
"Part V - Sexual Offenses, Public Morals and Disorderly Conduct"
(updated to April 30, 2003) [scroll down to 163.1]
Department of Justice Canada
http://laws.justice.gc.ca/en/c-46/40863.html
"R. v. Sharpe, [2001] 1 S.C.R. 45" [see especially paragraphs 42, 43,
Canadian Legal Information Institute
http://www.canlii.org/ca/cas/scc/2001/2001scc2.html
For a discussion of Section 163.1 and the Sharpe case, see:
"Child Pornography and Freedom of Expression in Canada", by Marvin
R.V. Storrow, Q.C. and Roy Millen (2002) [see especially paragraph 5]
The International Society for the Reform of Criminal Law
http://www.isrcl.org/Papers/Storrow%20and%20Millen.pdf
It is conceivable that your film is so far from being an adult film --
as you appear to suggest in your question -- that only the most
prudish person would think that it is "pornography" within the meaning
of this law. But assuming that someone could see it as "pornography",
the issue is whether it is "child pornography".
The key language in the act seems to be: "a person who is or is
depicted as being under the age of eighteen years". I assume that the
phrase "is depicted as being" is the reason why you have heard that a
woman should be over the age of 25 before she can appear nude in a
film.
Many people watching a film might believe that someone who is in fact,
say, 21 years old, is playing a 21-year-old in the film. But some
people might believe that the 21-year-old is playing a 17-year-old, or
that the 21-year-old looks like a 17-year-old.
If the actor is actually 25 years old, there is less chance of
confusion than if the actor is only 21 years old. So casting someone
who is 25 years old could avoid a problem.
You may wish to keep track of proposed amendments to Section 163.1 and
related statutes. (In general, searches for the terms "163.1" and
"child pornography" on Google or CANLII ( http://www.canlii.org )
should help you to find developments in the law.) Here is information
on a bill that was recently introduced:
"Bill C-20: Cybercrime, Child Porn, and e-Voyeurism"
Lex Informatica
http://www.lexinformatica.org/cybercrime/pub/bill_c-20.html
I should note that I did not find any laws in Québec on nudity or
sexually explicit depiction in films. I tried searches of the Laws
and Regulations on the following site:
Les Publications du Québec
http://www.publicationsduquebec.gouv.qc.ca/home.php
It is possible that other provinces have relevant laws, such as
Ontario:
"Theatres Act - R.R.O. 1990, Regulation 1031 - Amended to O. Reg.
124/03" [Section 14]
Ontario Statutes and Regulations
http://www.e-laws.gov.on.ca/DBLaws/Regs/English/901031_e.htm#14.(1)
- justaskscott
I used various combinations of the following search terms on Google:
canada
site:ca
age
"twenty five"
25
years
"years old"
nude
nudity
film
films
eighteen
18
depicted
pornography
criminal
code
163.1 |
,
0 Comments
)