From the very onset, the case R v. Butler demonstrated the complex line between individual freedom and societal expectations with regard to values. The decision of the Supreme Court demonstrated the desire of the Canadians to have high moral standards.
The crux of the matter in the case was whether individual freedoms could override the social values of the society. Butler possession and selling of pornographic and obscene materials was founded on the law and specifically freedom of expression guaranteed under Charter of Rights and Freedoms. On the other hand, the government through the prosecutions argued that his rights had over run the rights of other people particularly women who were negatively portrayed in the film. Women’s legal Education and Action Fund had a stance that it was improper to possess with intent to sell materials that were obscene (Booth, 2001).
The Supreme Court being the custodian of law had to make a decision and in that decision, like is the case of such magnitude, a balance between individual freedoms and liberty verses the social value of the society. The court made a decision and noted that whereas individuals had freedoms, those freedoms whenever in conflict with the social value of a nation or society could not be allowed to thrive for the sake of the wider society.…show more content… As a matter of fact, the court compared the obscene materials to hate speech against women. This means that whereas an individual has freedom of expression; they should not use their freedom to hamper the freedom of others. There is, therefore, limitation to freedom that people to the extent that they can be enjoyed but not at the expense of other people. In the same spirit, the social values of the community overrun the freedoms of individuals. Every member of the community has duty towards the community to ensure that the social values of the community are not