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Canada's Supreme Court
Rules Against Customs Censors


By Rex Wockner
International News Report

canadamapnew.jpg - 10.24 K Vancouver's Little Sisters Book and Art Emporium suffered "excessive and unnecessary prejudice" from Customs Canada officers who repeatedly seized gay erotica sent to the store, the Canadian Supreme Court ruled December 15.

The court rewrote Customs law to switch the burden of proof in obscenity cases from the importer to the government.

"This changes in our view utterly the relationship of Canada to expression materials," John Dixon of the British Columbia Civil Liberties Association told the Canadian Press wire service. "From now on, it will be almost impossible to prove a book -- the text -- is obscene. That is an enormous ratchet forward."

Little Sisters manager Janin Fuller called the ruling an "incredible indictment" against Customs' "unscrutinized tyranny at the border."

The court's decision was a 6-3 split with dissenting justices wanting to strike down entirely the laws under which the Customs service operates.

Since 1984, officers seized material headed to Little Sisters 261 times and destroyed it if the bookstore did not prove the material was not obscene. Now officers must release material after 30 days if the government has not proved that it is obscene.

The Little Sisters case first went to court in 1994. Lower courts found that foreign erotica headed to the store was seized routinely while the same books and magazines often arrived safely at straight bookstores and, in some cases, were even on the shelves of British Columbia public libraries.

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Related Sites:
British Columbia Civil Liberties Association

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