2204

CCA BULLETIN / BULLETIN DE LA CCA

Little Sisters v. Big Brother

Ottawa , May 18, 2004 - Little Sister's Book & Art Emporium, Vancouver 's legendary gay and lesbian bookstore, has long fought for freedom of expression. Their on-going battle has included taking Canada Customs to court, charging that, by regularly seizing materials destined for the store and branding them "obscene", the federal agency was guilty of harassment and infringement of free speech. (For background information, see Susan Crean's article “Little Sister's and the Supremes in the Spring 2000 issue of CCA 's Blizzart , Vol. 5, No. 1.) In December 2000, the Supreme Court of Canada handed down a landmark decision in the case of Little Sister's Book & Art Emporium v. Canada , which condemned the arbitrary and discretionary practices of Canada Customs. Significantly, the decision also stated that the onus of proving that expressive material is “obscene” lies with Customs, and not with the accused. The CCA , which had intervener status, worked with lawyer Frank Addario to highlight the significance of the case for artists and their right to freedom of expression.

Little Sister's battle against censorship continues. The bookstore recently filed an appeal against Canada Customs for prohibiting the importation of two adult comic books in the Meatmen series and two books by Larry Townsend. The comic books are anthologies of works by prominent and up-and-coming gay artists, while Townsend is widely acclaimed for his gay male science fiction and historical novels. It is the belief of the owners and st af f of Little Sister's that the books at issue do not involve the “undue exploitation of sex”, as that term is used in Canadian jurisprudence, that they have unquestionable artistic merit, and therefore do not fit the legal definition of obscenity.

While the current case against Canada Customs will be the first test case since the Supreme Court of Canada's 2000 ruling, where Canada Customs will bear the onus of proof, the trial will go far beyond that. The legal challenge will also focus on the obscenity provision of the Criminal Code of Canada and whether or not that provision is constitutionally valid. This aspect of the trial is significant in terms of how it relates to Bill C-12 , which threatens to remove the artistic merit defence, because this case questions the constitutionality of the entire obscenity section of the Criminal Code which the proposed legislation addresses. Additionally, it is unclear if Canada Customs' move to the new Canada Border Services Agency, which was formed af ter 9/11 to deal with issues of “national security”, will have any effect on the new case.

Little Sister's has long carried the flag for all Canadians dedicated to protecting the right of free expression, which is enshrined in the Canadian Charter of Rights & Freedoms . The costs associated with this litigation are enormous and Little Sister's appreciates all support and contributions, both financial and in kind. The B.C. store seeks support of members of Canadian Conference of the Arts in this important litigation in the form of “opinions” as to whether, as artists, the obscenity law constrains your cr af t. Their legal counsel invites any artist who is able and willing to assist to contact Little Sister's, in order that they can discuss how you might contribute your voice in support of this significant case, which is set to commence in Fall 2004. Please contact the following, and copy your letters to the CCA :

Little Sister's

Phone: (604)669-1753

Fax: (604) 685-0252

e-mail: lsisters@lsisters.com

website: www.littlesistersbookstore.com

Arvay Finlay

Phone: (250) 388-6868

Fax: (250) 388-4456

e-mail: jarvay@arvayfinlay.com

e-mail: ifaulkner@arvayfinlay.com

website: www.arvayfinlay.com

For more information: