Edward Prutschi talks about how Canada’s top court unanimously had agreed, 9-0, on an Ontario Court of Appeal court decision to overturn a trial judge’s acquittal of Robert Katigbak, who had amassed child pornography for alleged artistic reasons. While the Supreme Court had ruled that the appeals court decision to overturn Mr.Katigbak’s acquittal was correct, it had erred in substituting a conviction, and a new trial was ordered.
Mr. Katigbak had admitted that over a seven-year span, he had gathered over 600+ images and 30 video clips of content that would be considered child pornography, but had done so in hopes of creating and showcasing the graphic, real and shocking nature of child exploitation in an art exhibition. Mr. Katibak legal defence heavily relied on dismissing the charges because he is merely trying to educate the public by visually depicting the exploitation and trying to portray himself as someone with artistic and humanitarian aims.
Mr. Prutschi discusses this touchy and emotionally-charged subject and gives us a purely legal perspective to consider in light of the Supreme Courts’ decision, and discusses whether the Ontario Court of Appeal was right in acquitting and convicting Mr. Katigbak and whether Mr. Katigbak’s defence holds any legal weight.
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