This advice, however, was never acted upon. In 1992, Donald Butler appealed to the Supreme Court of Canada to overturn a decision regarding his adult oriented members only video store. Mr. Butler opened his store in Winnipeg in August of 1987. Later on that same month, the Winnipeg police force entered and seized the inventory of Mr. Butler"s store, and charged him with a total of 173 counts of selling, possessing with the intent to distribute, and possessing with the intent to sell, obscene material, contrary to s. 159(1-2)(a) and 163(1-2)(a) of the Criminal Code of Canada. Mr. Justice J. Sopinka heard the appeal, and reached the decision that "the restriction on freedom of expression does outweigh the importance of the legislative objective." The problem with an attempt to restrict what the public can or cannot view by the government is that it is an infringement on the principle of individual liberty, as described by John Stuart Mill. Mill states that so long as one is not causing harm to others, then "In the part which merely concerns himself, his independence is, of right, absolute." Thus, the government has no right to stop the public from viewing pornographic material, so long as no one was harmed in its distribution or production. Thus, depictions of sex involving, or combined with, children, violence, cruelty and/or dehumanization can be regulated or censored, as they are causing harm to others. However, one could argue that if the depictions of sex combined with any of the aforementioned violent actions is done by a person of legal age of consent, and done willingly by this person, then it is not causing harm to let it be viewed by the public, as the persons involved were willing participants. In such cases, censorship should still occur, as there must be a reasonable limitation on the freedom of expression of others when there is the promotion of harm to others in pornographic depictions.
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