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!"*

Comics

Comic books are not overlooked. According to a press release by comic book artist Jacques Boivin, Canada Customs is 217 times more likely to seize comic books containing work by artists who are mentioned by name in the Encyclopedia Britannia than by artists deprived of that honour.*

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:

"After being scorned for so many years, the comics are now regarded as one of the most significant forms of expression of 20th Century culture and are seriously being studied at schools and universities."*

     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."*

So far the major seizures of comics at the Canada/U.S. boarder have involved shipments destined for gay and lesbian bookstores. While personal mail orders are randomly seized, stores that cater to a general readership have had virtually no problems with Customs.*

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