The Ontario Provincial Police have an ongoing operation called
Project Pornography, or Project "P" for short. Unlike Canada
Customs, they require a search warrant. Project "P" officers
announced that their interpretation of the Butler decision
indicated that explicit sex was going to be permissible if, and
only if, there was romance, no close-ups and a story line. Given
Butlers' "Artistic Defense", does Project "P" know art when they
see it?
Following the lukewarm review by Kate Taylor, critic for "The Globe and Mail," Langer's work was seized on Dec. 16, 1993, by the police Morality Squad under the authority of John Ferguson, who stated: "It is our feeling that the exhibit is simply not art and falls under the category of child pornography."
Project "P" laid charges against Toronto artist Eli Langer and Sharon Brooks, the director of the Mercer
Union Gallery, for producing, possessing, and showing child
pornography. Five paintings and thirty five sketches were pulled
from the gallery walls and seized. Following a vociferous outcry
from the Toronto arts community the charges against Langer and
Brooks were dropped. In a hearing held in October 1994, art
experts agreed that Langer's art which deals with children's
sexuality, abuse, and trauma have artistic merit - one described
them as "important, serious and passionate." Crown "experts"
testified the art would interest pedophiles and increase the risk
they'd act on fantasies involving children.* The paintings and sketches remained on trail and
were considered guilty until April 20th 1995 when Justice David
McCombs declared them to be art. Arts groups called the ruling
an important precedent, but many wanted the judge to go further
and strike down Canada's child
pornography law, which violates artistic freedom. Even with the favourable ruling, the case sent a clear message to artists and galleries about the risks involved in making or showing depictions of sexuality, specifically of where sexuality and children intersect.
Glad Day Book Shop
continued to sell Bad Attitude, a magazine produced by and for
lesbians, after it was declared illegal by Canada Customs. This resulted in the first
charge laid on the basis of the new Butler
Decision, which was ostensibly made to protect women from the
allegedly harmful effects of pornography on men. The charge was
laid by Project "P" against the owner of Glad Day (Regina v. Glad
Day Book Shop) .*
La Hacienda
Restaurant's show of Ron Gii's Photographs was seized by Project
"P", and later returned.
In the Woomer's Case a
group of feminist artists who did a display at Pages Bookstore
were summarily prosecuted for exhibiting an offensive object, a
tampon.*
No Skin off My Ass, a
black&white super 8 film by Bruce La Bruce was seized by the
laboratory and handed over to Project "P" in June 1990. It is
interesting to note that there is only one place in Toronto that
develops black&white Super 8 film, and the bulk of their business
is from the police who use the handy 400 ASA film to collect
evidence in low light.
Footage for Pedagogy by
prostitute/performance artist Gwendolyn was seized by laboratory
and turned over to Project "P". It was later reluctantly
released (after the repeated intervention of the sponsoring
organization) to promote AIDS education for "the public good".
In the mid-1980s,
Toronto police targeted a painting that depicted the rape of a
Mayan woman by Guatemalan soldiers even though the painting was
reportedly a political statement sympathetic to Guatemalan
women.*
In the mid-1970s,
police laid charges over the widely acclaimed film Last Tango in
Paris and the children's educational book Show Me.*
The inability of the police to evaluate artistic merit and
educational purpose has often led to the harassment of perfectly
legitimate activity. The following is an illuminating quote from
Alan Borovoy's article "Civil liberties Attacked in Mulroney's
Final Moments" :
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