There are 5000 customs officers under the Prohibited Importations
Directorate. They are totally unaccountable bureaucrats who may
freely interpret the law according to their own judgment and do
not require a warrant.* They have been
granted these far reaching powers by parliament. Once one
officer declares something illegal, it remains so across Canada
until someone undergoes the expense of taking the decision to
court. Customs officials neither take responsibility for loss or
damage of detained material, which often goes missing, nor can
they be charged with abuse of power.
The following is a short list of some of the material that has
been deemed illegal by Customs, the complete list is far too long
to include herein:
Bad Attitude, an erotic magazine by, for and about
lesbians, was seized and declared illegal. This was the first
use of Butler Decision, which was particularly intended to
protect women from the allegedly harmful effects of pornography
on men.
Andrea Dworkin's books
Women Hating and Pornography: Men Possessing Women
were seized and declared illegal in Canada., even though it is
one feminist's radical position against pornography.*
A Place I've Never
Been Stories by David Leavitt was seized October 8th, 1993
on its way to Glad Day Book Shop and was declared illegal in
Canada. Leavitt is a critically acclaimed American author who
writes about gay life. He was scheduled to read at Toronto's
International Festival of Authors on October 23rd, a mere two
weeks after the seizure.*
Clips, Hungry
Hearts, Shadows, Private Pleasures, Bathrooms Sluts & Suburban
Dykes by Fatale Video and Erotic In Nature by Cristen
Lee Ruthermund, were refused entry to Canada for the 1993 Toronto
Lesbian & Gay Film & Video Festival.
Prowling By
Night by Gwendolyn, a section of the National Film Board's
Five Feminist Minutes series, was refused re-entry into Canada
in May 1991.
Slam and Home
Movies, two super 8 films by Bruce La Bruce were seized by
Canada Customs upon re-entering Canada after being exhibited in
New York City. They were later burned. Super 8 being
diapositives (i.e. no negative) they no longer exist.
Research is a
New York based periodical published once or twice a year, with
articles on a specific subject or individual artist. It is now
illegal in Canada.
Many Gay Erotic
Drawings by the late Tom of Finland are determined illegal in
Canada by Canada Customs. Presently the Tom of Finland
Foundation keeps a library of erotic art, and an extensive laser
disk documentation of works for distribution. The foundation
hopes to build a museum which specializes in erotic art from
around the world. It obviously won't be built in Canada.
"When Tom's Work was first published, homosexuals were
thought to be imitation women, and spent their lives hiding in
the shadows. Thirty five years later, gays were much more likely
to be hard bodied sun-lovers in boots and leather, masculinity
personified. Tom's influence in that direction was no accidental
byproduct of his art. From the beginning, he consciously strove
to install in his work a positive, up-beat openness. When asked
if he was not a little embarrassed that all his art showed men
having sex, he disagreed emphatically: "I work very hard to make
sure that the men I draw having sex are proud men having happy
sex!"*
Memorandum D9-1-1 specifies that "full recognition should be
given to freedom of expression," and the Butler decision
clarifies that "artistic expression rests at the heart of freedom
of expression values and any doubt in this regard must be
resolved in favour of freedom of expression" So it is obvious
that Canada Customs do not consider comics to be an art form.
Comics are an art form, impossible to produce with out the
dedication of artists, and thus should be exempt from censorship.
Collier's Encyclopedia concludes its 5 page overview of comic
strips and comic books with the following remark:
The Meat Men
anthologies of gay erotic comics and other art include safe sex
information and are all illegal in Canada.
Sexy Stories from
the World Religions, contains work by Mary Fleener, Krystine
Kryttre, Dori Seda and Aline Kominsky-Crumb, four artists whom
the October 1991 issue of Artforum said "worked out issues of
self-worth, sexuality, and independence." All were determined
to be obscene by Canada Customs.*
Weird Smut Comics
#3 by Spain Rodriguez was also seized. His name can be found
in encyclopedias and in hundreds and books and articles about
comics. His 1974 cover art for Zap Comix #7 was recently offered
at auction by Sotheby's.*
Diary of a
Dominatrix by Molly Kiely is banned. Kiely is a Canadian
artist now living in San Francisco. While most of the seizures
of comic book art at the border have been of personal mail
orders, "so far my mom's gotten everything I've sent her."*
Melody and Les Bugger Boys by Montreal Artist Sophie Cossette are banned. "I was raised by my Catholic grandmother to believe that porn was
trash...but when I discovered it turned me on, I decided to stop
lying to myself."*
Sheedeva by
Sandra Chang is banned. Like all adult comic artists, Chang is
outraged by censorship, "Look, those comics are bagged and are
not sold to minors. If people don't like them, they don't have
to buy them."*
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