Quote:
Originally Posted by willx
I don't disagree with what you're saying, but that's a direct U.S. comparison. The Canadian court system and common law actually leaves incredible amounts to jurisprudence. That's how it works here.
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So a prosecutor in Moosejaw could treat the same situation differently from one in Vancouver? Or would a decision in a Vancouver court be considered a controlling precedent for a prosecution in Moosejaw? Here the states can vary wildly in their prosecution of justice as long as they don't come into conflict with the Federal constitution. (In the PA sexting case the actions of the local District Attorney were enjoined on 1st and 14th Amendment grounds, and the injunction
upheld in the Third Circuit Court of Appeals. Sadly the decision didn't reach the question of whether the girls involved, being minors, had First Amendment rights to publish photos of themselves, a somewhat murky area in American Constitutional law.)