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November 20, 2007

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Comments

Chris Taylor

So technically Piss Christ is illegal up here? Awesome.

Does it play favourites with regard to religion, or is it silent on that matter?

Can Scientologists sue if you claim that L. Ron was fruitier than a nutcake?

Bob Tarantino

Does it play favourites with regard to religion, or is it silent on that matter?

The text of the Criminal Code is silent on the matter, although the caselaw (which in Canada at least predates the 1940s) clearly only contemplates that "blasphemy" can occur with respect to Christianity - but that's likely a function of the fact that, when blasphemy charges were in the air, Christianity was dominant by orders of magnitude. Which is a long way of saying that there's nothing to prevent the crime from applying to non-Christian religions, though it hasn't been used that way.

So technically Piss Christ is illegal up here?

That's an interesting question. I'm not sure whether it would ground a blasphemy claim, since there's no textual element to it, but I do know that there were cases which considered whether cartoons could be blasphemous (the particular cartoons in question were held to be non-blasphemous, since they attacked the Catholic Church and the Pope, rather than the Christian religion per se). So there'd be at least a plausible argument that it would count.

Can Scientologists sue if you claim that L. Ron was fruitier than a nutcake?

Depends on whether a judge would concede that Scientology qualifies as a religion, I suppose...

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