MOKGORO J definition of obscenity in the Code: For the purpose of this Act, any publication a dominant characteristic of which is undue exploitation of sex, or sex and any one or more of the following subjects, namely crime, horror, cruelty and violence shall be deemed to be obscene.70 [43] The Court reviewed a number of cases which had attempted to give content to the phrase “undue exploitation of sex”, and distilled those interpretations into three categories: [1] The portrayal of sex coupled with violence will almost always constitute the undue exploitation of sex. [2] Explicit sex which is degrading or dehumanizing may be undue if the risk of harm is substantial. Finally, [3] explicit sex that is neither degrading nor dehumanizing is generally tolerated in our society and will not qualify as the undue exploitation of sex unless it employs children in its production.71 [44] Applying the Oakes two-stage test, the Court held that the challenged statute, inasmuch as it sought to prohibit “certain types of expressive activity”, impacted the free expression rights guaranteed under the Charter.72 However, that was justifiable under the limitations clause, because, inter alia, the Code did not prohibit serious work of scientific, artistic or literary merit, 73 nor did it affect the private possession or viewing of explicit materials.74 [45] Most significant in the Butler decision was its rejection of the traditional rationale for obscenity regulation -- what the court termed the imposition of a [C]ertain standard of public and sexual morality, solely because it reflects the conventions of a given community . . . The prevention of ‘dirt for dirt sake’ is not a legitimate objective which 70 Canadian Crim. Code, R.S.C. (1985), c. C-46, 163(8). 71 Butler, supra, note 69, 25. 72 Butler, supra, 27. 73 Butler, supra, 39. 74 Butler, supra, 40. 24