Canadian Bill S-209: Difference between revisions

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Canadian Bill S-209 is a bill introduced by Hon. Sen. Julie Miville-Dechêne, and is an updated version of Bill S-210, which was killed during the Parliamentary prorogation in early 2025. The bill, named "An Act to restrict young persons’ online access to pornographic material"<ref name=":0">{{Cite web |date=2025-05-28 |title=An Act to restrict young persons’ online access to pornographic material |url=https://publications.gc.ca/collections/collection_2025/sen/YB451-209-1.pdf}}</ref> , is the Canadian Governments attempt to restrict pornographic material to young people (defined as individuals under the age of 18, page four of this document<ref name=":0" />). The bill has key differences between the original and updated version, and mandates the use of government-approved Age Verification or Age Estimation services to access 'pornographic material', or risk the hosting website to be completely ~~removed~~ from the Canadian Internet.

Canadian Bill S-209 is a bill introduced by Hon. Sen. Julie Miville-Dechêne, and is an updated version of Bill S-210, which was killed during the Parliamentary prorogation in early 2025. The bill, named "An Act to restrict young persons’ online access to pornographic material"<ref name=":0">{{Cite web |date=2025-05-28 |title=An Act to restrict young persons’ online access to pornographic material |url=https://publications.gc.ca/collections/collection_2025/sen/YB451-209-1.pdf |archive-url=http://web.archive.org/web/20260102113038/https://publications.gc.ca/collections/collection_2025/sen/YB451-209-1.pdf |archive-date=2 Jan 2026}}</ref> , is the Canadian Governments attempt to restrict pornographic material to young people (defined as individuals under the age of 18, page four of this document<ref name=":0" />). The bill has key differences between the original and updated version, and mandates the use of government-approved Age Verification or Age Estimation services to access 'pornographic material', or risk the hosting website to be completely blocked from the Canadian Internet.

==How it works==

===General Overview===

The bill, introduced in May of 2025, aims to target organizations, as described on page four of this<ref>{{Cite web |date=2025-07-24 |title=Criminal Code (R.S.C., 1985, c. C-46) |url=https://laws-lois.justice.gc.ca/eng/acts/C-46/section-2.html}}</ref> document, to force the usage of government verified Age Verification or Age Estimation services to access any online website that 'makes available' 'pornographic content'. Under Section 5, an Organization is guilty of an offence if:

The bill, introduced in May of 2025, aims to target organizations, as described on page four of this<ref>{{Cite web |date=2025-07-24 |title=Criminal Code (R.S.C., 1985, c. C-46) |url=https://laws-lois.justice.gc.ca/eng/acts/C-46/section-2.html |archive-url=http://web.archive.org/web/20260116170854/https://laws-lois.justice.gc.ca/eng/acts/C-46/section-2.html |archive-date=16 Jan 2026}}</ref> document, to force the usage of government verified Age Verification or Age Estimation services to access any online website that 'makes available' 'pornographic content'. Under Section 5, an Organization is guilty of an offence if:

"5 Any organization that, for commercial purposes, makes available pornographic material on the Internet to a young person is guilty of an offence punishable on summary conviction and is liable, (a) for a first offence, to a fine of not more than $250,000; and (b) for a second or subsequent offence, to a fine of not more than $500,000."<ref name=":0" />

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The first defence, in plain English, says that a company CANNOT use the defence that they ''thought'' someone was over the age of 18, having not used the Age Verification or Age Estimation services. The second defence is more easy to read, and prohibits the conviction of an offence of 'making available' 'pornographic content' for the legitimate purpose of science, medicine, education, or arts.

This sounds great, however in Canadian Law, defences can only be claimed ''after'' a charge has been laid. So an organization who provides such material for a purpose of science, medicine, education, or arts, ~~much~~ be brought to a federal court first to them lay their defence. But as described in the next section, there are some steps that must be taken before anyone goes to court.

This sounds great, however in Canadian Law, defences can only be claimed ''after'' a charge has been laid. So an organization who provides such material for a purpose of science, medicine, education, or arts, must be brought to a federal court first to them lay their defence. But as described in the next section, there are some steps that must be taken before anyone goes to court.

==Progression of Regulation, with an example.==

Line 54:

==Charter of Rights Violations==

In a Youtube video<ref name=":1">{{Cite web |last=Fraser |first=David |title=The really bad age verification bill is back in Canada's Parliament |url=https://www.youtube.com/watch?v=cBJe3gB2Po4}}</ref> by a Canadian privacy lawyer David Fraser, he outlines two Canadian Charter of Rights and Freedoms violations of this bill, the right to lawful access of information and to anonymity. The specific amendments in the charter are as follows:

In a Youtube video<ref name=":1">{{Cite web |last=Fraser |first=David |title=The really bad age verification bill is back in Canada's Parliament |url=https://www.youtube.com/watch?v=cBJe3gB2Po4 |archive-url=https://preservetube.com/watch?v=cBJe3gB2Po4 |archive-date=23 Feb 2026}}</ref> by a Canadian privacy lawyer David Fraser, he outlines two Canadian Charter of Rights and Freedoms violations of this bill, the right to lawful access of information and to anonymity. The specific amendments in the charter are as follows:

Right to access lawful content:

- '''Section 2(b) - Right to Freedom of Expression'''<ref name=":2">{{Cite web |title=Section 2(b) – Freedom of expression |url=https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art2b.html}}</ref>. Courts have interpreted this to include the right to receive and access content, even if it's controversial (like pornography), as long as it's legal under Canadian law.

- '''Section 2(b) - Right to Freedom of Expression'''<ref name=":2">{{Cite web |title=Section 2(b) – Freedom of expression |url=https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art2b.html |archive-url=http://web.archive.org/web/20260122232845/https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art2b.html |archive-date=22 Jan 2026}}</ref>. Courts have interpreted this to include the right to receive and access content, even if it's controversial (like pornography), as long as it's legal under Canadian law.

- '''Section 7 - Life, Liberty and Security of the Person'''<ref>{{Cite web |title=Section 7 – Life, liberty and security of the person |url=https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art7.html}}</ref>. “Liberty” has been interpreted to include personal autonomy, which could arguably include the freedom to make personal decisions about consuming legal adult content.

- '''Section 7 - Life, Liberty and Security of the Person'''<ref>{{Cite web |title=Section 7 – Life, liberty and security of the person |url=https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art7.html |archive-url=http://web.archive.org/web/20260201170132/https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art7.html |archive-date=1 Feb 2026}}</ref>. “Liberty” has been interpreted to include personal autonomy, which could arguably include the freedom to make personal decisions about consuming legal adult content.

Right to anonymity:

- '''Section 2(b) - Right to Freedom of Expression'''<ref name=":2" />. The right to express oneself, including the right to receive and share information, possibly anonymously. Courts have recognized that anonymity can be an essential part of expression, especially online or when expressing controversial views. In some cases, courts have allowed individuals to use pseudonyms in court filings or remain anonymous to protect their freedom of expression<ref>{{Cite web |last=Naudie |first=Christopher |date=2017-06-08 |title=Calling John Doe: Can a class action proceed with an anonymous representative plaintiff? |url=https://www.osler.com/en/insights/blogs/classactions/calling-john-doe-can-a-class-action-proceed-with/}}</ref>.

- '''Section 2(b) - Right to Freedom of Expression'''<ref name=":2" />. The right to express oneself, including the right to receive and share information, possibly anonymously. Courts have recognized that anonymity can be an essential part of expression, especially online or when expressing controversial views. In some cases, courts have allowed individuals to use pseudonyms in court filings or remain anonymous to protect their freedom of expression<ref>{{Cite web |last=Naudie |first=Christopher |date=2017-06-08 |title=Calling John Doe: Can a class action proceed with an anonymous representative plaintiff? |url=https://www.osler.com/en/insights/blogs/classactions/calling-john-doe-can-a-class-action-proceed-with/ |archive-url=http://web.archive.org/web/20260102144249/https://www.osler.com/en/insights/blogs/classactions/calling-john-doe-can-a-class-action-proceed-with/ |archive-date=2 Jan 2026}}</ref>.

- '''Section 8 - Search and Seizure'''<ref>{{Cite web |title=Section 8 - Search and Seizure |url=https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html}}</ref>. Asserts a reasonable expectation of privacy, including digital privacy - like IP addresses, search histories, or online identities. This section has been the main Charter basis for protecting anonymity online. In R. v. Spencer (2014)<ref>{{Cite web |date=2014-06-13 |title=R. v. Spencer, 2014 SCC 43 (CanLII), [2014] 2 SCR 212 |url=https://www.canlii.org/en/ca/scc/doc/2014/2014scc43/2014scc43.html}}</ref>, the Supreme Court ruled that Canadians have a reasonable expectation of privacy in their internet activity, including who is behind an IP address. That means police need a warrant to obtain subscriber info from ISPs.

- '''Section 8 - Search and Seizure'''<ref>{{Cite web |title=Section 8 - Search and Seizure |url=https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html |archive-url=http://web.archive.org/web/20260222004340/https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html |archive-date=22 Feb 2026}}</ref>. Asserts a reasonable expectation of privacy, including digital privacy - like IP addresses, search histories, or online identities. This section has been the main Charter basis for protecting anonymity online. In R. v. Spencer (2014)<ref>{{Cite web |date=2014-06-13 |title=R. v. Spencer, 2014 SCC 43 (CanLII), [2014] 2 SCR 212 |url=https://www.canlii.org/en/ca/scc/doc/2014/2014scc43/2014scc43.html |archive-url=http://web.archive.org/web/20210212044102/https://www.canlii.org/en/ca/scc/doc/2014/2014scc43/2014scc43.html |archive-date=12 Feb 2021}}</ref>, the Supreme Court ruled that Canadians have a reasonable expectation of privacy in their internet activity, including who is behind an IP address. That means police need a warrant to obtain subscriber info from ISPs.

==Changes from S-210==

In the video<ref name=":1" />, David Fraser outlines changes from S-210. The main changes are:

- Definition changes of pornographic content, from Sexually Explicit Content in the Canadian Criminal Code<ref>{{Cite web |date=2025-07-24 |title=Criminal Code (R.S.C., 1985, c. C-46) |url=https://laws-lois.justice.gc.ca/eng/acts/c-46/section-171.1.html}}</ref> to "pornographic material means any photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s genital organs or anal region or, if the person is female, her breasts, but does not include child pornography as defined in subsection 163.1(1) of the Criminal Code. (matériel pornographique)"

- Definition changes of pornographic content, from Sexually Explicit Content in the Canadian Criminal Code<ref>{{Cite web |date=2025-07-24 |title=Criminal Code (R.S.C., 1985, c. C-46) |url=https://laws-lois.justice.gc.ca/eng/acts/c-46/section-171.1.html |archive-url=http://web.archive.org/web/20260102113039/https://laws-lois.justice.gc.ca/eng/acts/c-46/section-171.1.html |archive-date=2 Jan 2026}}</ref> to "pornographic material means any photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s genital organs or anal region or, if the person is female, her breasts, but does not include child pornography as defined in subsection 163.1(1) of the Criminal Code. (matériel pornographique)"

- Additions of Age Estimation services, in conjunction with Age Verification Services, throughout the document.

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[[Category:~~Common terms~~]]

[[Category:Legislation]]

[[Category:Canadian legislation]]

@@ Line 1: / Line 1: @@
-Canadian Bill S-209 is a bill introduced by Hon. Sen. Julie Miville-Dechêne, and is an updated version of Bill S-210, which was killed during the Parliamentary prorogation in early 2025. The bill, named "An Act to restrict young persons’ online access to pornographic material"<ref name=":0">{{Cite web |date=2025-05-28 |title=An Act to restrict young persons’ online access to pornographic material |url=https://publications.gc.ca/collections/collection_2025/sen/YB451-209-1.pdf}}</ref> , is the Canadian Governments attempt to restrict pornographic material to young people (defined as individuals under the age of 18, page four of this document<ref name=":0" />). The bill has key differences between the original and updated version, and mandates the use of government-approved Age Verification or Age Estimation services to access 'pornographic material', or risk the hosting website to be completely removed from the Canadian Internet.
+Canadian Bill S-209 is a bill introduced by Hon. Sen. Julie Miville-Dechêne, and is an updated version of Bill S-210, which was killed during the Parliamentary prorogation in early 2025. The bill, named "An Act to restrict young persons’ online access to pornographic material"<ref name=":0">{{Cite web |date=2025-05-28 |title=An Act to restrict young persons’ online access to pornographic material |url=https://publications.gc.ca/collections/collection_2025/sen/YB451-209-1.pdf |archive-url=http://web.archive.org/web/20260102113038/https://publications.gc.ca/collections/collection_2025/sen/YB451-209-1.pdf |archive-date=2 Jan 2026}}</ref> , is the Canadian Governments attempt to restrict pornographic material to young people (defined as individuals under the age of 18, page four of this document<ref name=":0" />). The bill has key differences between the original and updated version, and mandates the use of government-approved Age Verification or Age Estimation services to access 'pornographic material', or risk the hosting website to be completely blocked from the Canadian Internet.
 ==How it works==
 ===General Overview===
-The bill, introduced in May of 2025, aims to target organizations, as described on page four of this<ref>{{Cite web |date=2025-07-24 |title=Criminal Code (R.S.C., 1985, c. C-46) |url=https://laws-lois.justice.gc.ca/eng/acts/C-46/section-2.html}}</ref> document, to force the usage of government verified Age Verification or Age Estimation services to access any online website that 'makes available' 'pornographic content'. Under Section 5, an Organization is guilty of an offence if:
+The bill, introduced in May of 2025, aims to target organizations, as described on page four of this<ref>{{Cite web |date=2025-07-24 |title=Criminal Code (R.S.C., 1985, c. C-46) |url=https://laws-lois.justice.gc.ca/eng/acts/C-46/section-2.html |archive-url=http://web.archive.org/web/20260116170854/https://laws-lois.justice.gc.ca/eng/acts/C-46/section-2.html |archive-date=16 Jan 2026}}</ref> document, to force the usage of government verified Age Verification or Age Estimation services to access any online website that 'makes available' 'pornographic content'. Under Section 5, an Organization is guilty of an offence if:
 "5 Any organization that, for commercial purposes, makes available pornographic material on the Internet to a young person is guilty of an offence punishable on summary conviction and is liable, (a) for a first offence, to a fine of not more than $250,000; and (b) for a second or subsequent offence, to a fine of not more than $500,000."<ref name=":0" />
@@ Line 38: / Line 38: @@
 The first defence, in plain English, says that a company CANNOT use the defence that they ''thought'' someone was over the age of 18, having not used the Age Verification or Age Estimation services. The second defence is more easy to read, and prohibits the conviction of an offence of 'making available' 'pornographic content' for the legitimate purpose of science, medicine, education, or arts.
-This sounds great, however in Canadian Law, defences can only be claimed ''after'' a charge has been laid. So an organization who provides such material for a purpose of science, medicine, education, or arts, much be brought to a federal court first to them lay their defence. But as described in the next section, there are some steps that must be taken before anyone goes to court.
+This sounds great, however in Canadian Law, defences can only be claimed ''after'' a charge has been laid. So an organization who provides such material for a purpose of science, medicine, education, or arts, must be brought to a federal court first to them lay their defence. But as described in the next section, there are some steps that must be taken before anyone goes to court.
 ==Progression of Regulation, with an example.==
@@ Line 54: / Line 54: @@
 ==Charter of Rights Violations==
-In a Youtube video<ref name=":1">{{Cite web |last=Fraser |first=David |title=The really bad age verification bill is back in Canada's Parliament |url=https://www.youtube.com/watch?v=cBJe3gB2Po4}}</ref> by a Canadian privacy lawyer David Fraser, he outlines two Canadian Charter of Rights and Freedoms violations of this bill, the right to lawful access of information and to anonymity. The specific amendments in the charter are as follows:
+In a Youtube video<ref name=":1">{{Cite web |last=Fraser |first=David |title=The really bad age verification bill is back in Canada's Parliament |url=https://www.youtube.com/watch?v=cBJe3gB2Po4 |archive-url=https://preservetube.com/watch?v=cBJe3gB2Po4 |archive-date=23 Feb 2026}}</ref> by a Canadian privacy lawyer David Fraser, he outlines two Canadian Charter of Rights and Freedoms violations of this bill, the right to lawful access of information and to anonymity. The specific amendments in the charter are as follows:
 Right to access lawful content:
-- '''Section 2(b) - Right to Freedom of Expression'''<ref name=":2">{{Cite web |title=Section 2(b) – Freedom of expression |url=https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art2b.html}}</ref>. Courts have interpreted this to include the right to receive and access content, even if it's controversial (like pornography), as long as it's legal under Canadian law.
+- '''Section 2(b) - Right to Freedom of Expression'''<ref name=":2">{{Cite web |title=Section 2(b) – Freedom of expression |url=https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art2b.html |archive-url=http://web.archive.org/web/20260122232845/https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art2b.html |archive-date=22 Jan 2026}}</ref>. Courts have interpreted this to include the right to receive and access content, even if it's controversial (like pornography), as long as it's legal under Canadian law.
-- '''Section 7 - Life, Liberty and Security of the Person'''<ref>{{Cite web |title=Section 7 – Life, liberty and security of the person |url=https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art7.html}}</ref>. “Liberty” has been interpreted to include personal autonomy, which could arguably include the freedom to make personal decisions about consuming legal adult content.
+- '''Section 7 - Life, Liberty and Security of the Person'''<ref>{{Cite web |title=Section 7 – Life, liberty and security of the person |url=https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art7.html |archive-url=http://web.archive.org/web/20260201170132/https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art7.html |archive-date=1 Feb 2026}}</ref>. “Liberty” has been interpreted to include personal autonomy, which could arguably include the freedom to make personal decisions about consuming legal adult content.
 Right to anonymity:
-- '''Section 2(b) - Right to Freedom of Expression'''<ref name=":2" />. The right to express oneself, including the right to receive and share information, possibly anonymously. Courts have recognized that anonymity can be an essential part of expression, especially online or when expressing controversial views. In some cases, courts have allowed individuals to use pseudonyms in court filings or remain anonymous to protect their freedom of expression<ref>{{Cite web |last=Naudie |first=Christopher |date=2017-06-08 |title=Calling John Doe: Can a class action proceed with an anonymous representative plaintiff? |url=https://www.osler.com/en/insights/blogs/classactions/calling-john-doe-can-a-class-action-proceed-with/}}</ref>.
+- '''Section 2(b) - Right to Freedom of Expression'''<ref name=":2" />. The right to express oneself, including the right to receive and share information, possibly anonymously. Courts have recognized that anonymity can be an essential part of expression, especially online or when expressing controversial views. In some cases, courts have allowed individuals to use pseudonyms in court filings or remain anonymous to protect their freedom of expression<ref>{{Cite web |last=Naudie |first=Christopher |date=2017-06-08 |title=Calling John Doe: Can a class action proceed with an anonymous representative plaintiff? |url=https://www.osler.com/en/insights/blogs/classactions/calling-john-doe-can-a-class-action-proceed-with/ |archive-url=http://web.archive.org/web/20260102144249/https://www.osler.com/en/insights/blogs/classactions/calling-john-doe-can-a-class-action-proceed-with/ |archive-date=2 Jan 2026}}</ref>.
-- '''Section 8 - Search and Seizure'''<ref>{{Cite web |title=Section 8 - Search and Seizure |url=https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html}}</ref>. Asserts a reasonable expectation of privacy, including digital privacy - like IP addresses, search histories, or online identities. This section has been the main Charter basis for protecting anonymity online. In R. v. Spencer (2014)<ref>{{Cite web |date=2014-06-13 |title=R. v. Spencer, 2014 SCC 43 (CanLII), [2014] 2 SCR 212 |url=https://www.canlii.org/en/ca/scc/doc/2014/2014scc43/2014scc43.html}}</ref>, the Supreme Court ruled that Canadians have a reasonable expectation of privacy in their internet activity, including who is behind an IP address. That means police need a warrant to obtain subscriber info from ISPs.
+- '''Section 8 - Search and Seizure'''<ref>{{Cite web |title=Section 8 - Search and Seizure |url=https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html |archive-url=http://web.archive.org/web/20260222004340/https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html |archive-date=22 Feb 2026}}</ref>. Asserts a reasonable expectation of privacy, including digital privacy - like IP addresses, search histories, or online identities. This section has been the main Charter basis for protecting anonymity online. In R. v. Spencer (2014)<ref>{{Cite web |date=2014-06-13 |title=R. v. Spencer, 2014 SCC 43 (CanLII), [2014] 2 SCR 212 |url=https://www.canlii.org/en/ca/scc/doc/2014/2014scc43/2014scc43.html |archive-url=http://web.archive.org/web/20210212044102/https://www.canlii.org/en/ca/scc/doc/2014/2014scc43/2014scc43.html |archive-date=12 Feb 2021}}</ref>, the Supreme Court ruled that Canadians have a reasonable expectation of privacy in their internet activity, including who is behind an IP address. That means police need a warrant to obtain subscriber info from ISPs.
 ==Changes from S-210==
 In the video<ref name=":1" />, David Fraser outlines changes from S-210. The main changes are:
-- Definition changes of pornographic content, from Sexually Explicit Content in the Canadian Criminal Code<ref>{{Cite web |date=2025-07-24 |title=Criminal Code (R.S.C., 1985, c. C-46) |url=https://laws-lois.justice.gc.ca/eng/acts/c-46/section-171.1.html}}</ref> to "pornographic material means any photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s genital organs or anal region or, if the person is female, her breasts, but does not include child pornography as defined in subsection 163.1(1) of the Criminal Code. (matériel pornographique)"
+- Definition changes of pornographic content, from Sexually Explicit Content in the Canadian Criminal Code<ref>{{Cite web |date=2025-07-24 |title=Criminal Code (R.S.C., 1985, c. C-46) |url=https://laws-lois.justice.gc.ca/eng/acts/c-46/section-171.1.html |archive-url=http://web.archive.org/web/20260102113039/https://laws-lois.justice.gc.ca/eng/acts/c-46/section-171.1.html |archive-date=2 Jan 2026}}</ref> to "pornographic material means any photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s genital organs or anal region or, if the person is female, her breasts, but does not include child pornography as defined in subsection 163.1(1) of the Criminal Code. (matériel pornographique)"
 - Additions of Age Estimation services, in conjunction with Age Verification Services, throughout the document.
@@ Line 82: / Line 82: @@
 {{reflist}}
-[[Category:Common terms]]
+[[Category:Legislation]]
+[[Category:Canadian legislation]]