In
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
, appeals by the judiciary to
community standards As a legal term in the United States, community standards arose from a test to determine whether material is or is not obscene as explicated in the 1957RA Supreme Court decision in the matter of Roth v. United States. In its 6–3 decision written ...
and the
public interest
The public interest is "the welfare or well-being of the general public" and society.
Overview
Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefor ...
are the ultimate determinants of which forms of expression may legally be published, broadcast, or otherwise publicly disseminated. Other public organisations with the authority to censor include some tribunals and courts under provincial human rights laws, and the
Canadian Radio-television and Telecommunications Commission
The Canadian Radio-television and Telecommunications Commission (CRTC; french: Conseil de la radiodiffusion et des télécommunications canadiennes, links=) is a public organization in Canada with mandate as a regulatory agency for broadcast ...
, along with self-policing associations of private corporations such as the
Canadian Association of Broadcasters
The Canadian Association of Broadcasters (CAB) is a trade association representing the interests of commercial radio and television broadcasters in Canada. It is co-located with the Canadian Broadcast Standards Council in Ottawa.
It was first ...
and the
Canadian Broadcast Standards Council.
Over the 20th century, legal standards for censorship in Canada shifted from a "strong state-centred practice", intended to protect the community from perceived social degradation, to a more decentralised form of censorship often instigated by societal groups invoking the state to restrict the public
expression of political and ideological opponents.
[''Interpreting Censorship in Canada''](_blank)
Klaus Petersen and Allen C. Hutchinson, University of Toronto Press, 1999, 438 p., .
Visual arts
Corridart
The demolition of the
Corridart
Corridart (sometimes stylized as Corrid'Art) was an almost 6 km (4 mile) long public exhibit of monumental installation artwork that took place in Montreal, Quebec, Canada, on Sherbrooke Street from July 6 to July 13 1976. The exhibition was can ...
exhibit in
Montreal
Montreal ( ; officially Montréal, ) is the second-most populous city in Canada and most populous city in the Canadian province of Quebec. Founded in 1642 as '' Ville-Marie'', or "City of Mary", it is named after Mount Royal, the triple- ...
by former mayor
Jean Drapeau
Jean Drapeau, (18 February 1916 – 12 August 1999) was Mayor of Montreal from 1954 to 1957 and 1960 to 1986.
Major accomplishments of the Drapeau Administration include the development of the Montreal Metro entirely underground mass trans ...
on the 13 June 1976, two days before the commencement of the
Montreal Olympic Games, was considered an act of censorship by the artists involved and resulted in a lengthy court trial wherein the artistic and aesthetic merit of the project was questioned. The collaborative efforts of a significant portion of the Montreal arts community was ordered destroyed by the mayor and was done so by municipal workers with police escort. The 16 main installations and dozens of smaller installations were taken to a municipal impound lot, in some cases left outside to be destroyed by the elements. The actions of the mayor were condemned by the provincial cultural affairs minister, principally because the mayor lacked legal authority over the Olympics as a whole. Corridart was intended to showcase Canadian and Montreal arts to an international audience.
Mercer Union Art Gallery
In 1992, the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
ruled that obscene pornography was not protected expression in
R v Butler
''R v Butler'', 9921 S.C.R. 452 is a leading Supreme Court of Canada decision on pornography and state censorship. In this case, the Court had to balance the right to freedom of expression under section 2 of the Canadian Charter of Rights an ...
, arguing that while a direct causal link from obscenity to real world harm may be "difficult, if not impossible, to establish" it was reasonable to presume a causal link to "changes in attitudes and beliefs". In 1993,
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
Kim Campbell
Avril Phaedra Douglas "Kim" Campbell (born March 10, 1947) is a Canadian politician, diplomat, lawyer, and writer who served as the 19th prime minister of Canada from June 25 to November 4, 1993. Campbell is the first and so far only female ...
's
Progressive Conservatives made
child pornography
Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a ...
and its
fictional works a crime, adopting
Liberal Justice Minister
Jean Chretien
Jean may refer to:
People
* Jean (female given name)
* Jean (male given name)
* Jean (surname)
Fictional characters
* Jean Grey, a Marvel Comics character
* Jean Valjean, fictional character in novel ''Les Misérables'' and its adaptations
* Jea ...
's proposal from 1982.
In December of 1993, the
Metropolitan Toronto Police
The Toronto Police Service (TPS) is a municipal police force in Toronto, Ontario, Canada, and the primary agency responsible for providing law enforcement and policing services in Toronto. Established in 1834, it was the first local police ser ...
's Morality Bureau raided the
Mercer Union Gallery and confiscated fictional works consisting of five paintings and thirty-five drawings from
Eli Langer's exhibit. The exhibit had been described by the Mercer Union as "sexual ambiguity that inadvertently addresses our cultural taboos" and some of the art depicted fictional children engaged in sexual acts. Langer was arrested and charged with the crime of making and distributing child pornography. Langer claimed to be surprised by the charges and that he did not know art could be illegal. The director of Mercer Union, Sharon Brooks, was also arrested and charged. All charges on these two individuals were later withdrawn but the artwork remained confiscated for years. The event drew controversy in several news outlets. The
Canadian Civil Liberties Association
The Canadian Civil Liberties Association (CCLA; french: Association Canadienne des Libertés Civiles) is a nonprofit organization in Canada devoted to the defence of civil liberties and constitutional rights.Dominique ClementCase Study: Canadian ...
condemned parliament for the fast speed in which the legislation was passed without amending it enough to account for adverse outcomes. Two years later, the artwork was returned to Langer after a judge ruled that his art did not meet the criteria of pornography.
Following the Supreme Court trial
R v Sharpe in 2001,
Chief Justice Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the p ...
maintained that "Parliament was justified in concluding that visual works of the imagination would harm children". In 2002,
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
Jean Chretien
Jean may refer to:
People
* Jean (female given name)
* Jean (male given name)
* Jean (surname)
Fictional characters
* Jean Grey, a Marvel Comics character
* Jean Valjean, fictional character in novel ''Les Misérables'' and its adaptations
* Jea ...
's
Liberals criminalized online access to child pornography, including fictional art as well. These standards remain the same as of present day.
"Will and Representation"
In 2006,
Ryan McCourt
Ryan McCourt (born February 23, 1975) is a Canadian artist best known for his sculptures.Terry Fenton, "Edmonton Sculpture: The Next Generation," Harcourt Expressed, Volume 12, Summer/Fall 2002
He lives in Edmonton, Alberta.
Early life and edu ...
was the first artist selected to display sculpture for one year outside Edmonton's
Shaw Conference Centre. McCourt's exhibition, ''Will and Representation,'' was an installation of four large sculptures based on
Ganesha
Ganesha ( sa, गणेश, ), also known as Ganapati, Vinayaka, and Pillaiyar, is one of the best-known and most worshipped deities in the Hindu pantheon and is the Supreme God in Ganapatya sect. His image is found throughout India. Hindu ...
,
[Avenue Edmonton: Top 40 Under 40](_blank)
/ref> a deity from Hindu mythology
Hindu mythology is the body of myths and literature attributed to, and espoused by, the adherents of the Hindu religion, found in Hindu texts such as the Vedic literature, epics like ''Mahabharata'' and ''Ramayana'', the Puranas, and ...
. Ten months into the exhibition, then-Mayor of Edmonton
This is a list of mayors of Edmonton, a city in Alberta, Canada.
Edmonton was incorporated as a town on January 9, 1892, with Matthew McCauley acclaimed as its first mayor during the town's first election, held February 10, 1892. On October ...
Stephen Mandel
Stephen Mandel (born July 18, 1945) is a Canadian politician and leader of the Alberta Party from 2018 to 2019. He previously served as an Alberta cabinet minister from 2014 to 2015 and as mayor of Edmonton, Alberta for three terms from 2004 ...
ordered the works removed after reportedly receiving a 700-name petition complaining of the sculptures' "disrespectful" nudity. When asked for comment, McCourt stated that "Nudity seems like a rather quaint thing to get one's knickers in a bunch over, in the 21st century. Besides, there's lots of art that I don't like, I don't go around gathering signatures of people who agree with me, and try to force the art to come down. That would be truly offensive, especially in a democracy like Canada."
Broadly, the public reaction to Mandel's censorship
Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
decree was one of disapproval. In an interview with the Edmonton Journal
The ''Edmonton Journal'' is a daily newspaper in Edmonton, Alberta. It is part of the Postmedia Network.
History
The ''Journal'' was founded in 1903 by three local businessmen — John Macpherson, Arthur Moore and J.W. Cunningham — as ...
's Paula Simons, David Goa, religious scholar, cultural anthropologist, and director of the University of Alberta's Ronning Centre for Study of Religion and Public Life, states "In India, Lord Ganesha is on everything — playing cards, advertising signs, lotto tickets, even diapers, I suspect." Within the traditional Thirty-two forms of Ganesha
Thirty-two forms of Ganesha are mentioned frequently in devotional literature related to the Hindu god Ganesha (Ganapati). The Ganesha-centric scripture ''Mudgala Purana'' is the first to list them.
Detailed descriptions are included in the ''Shiv ...
in Hinduism, Ganesha is sometimes presented nude, in both infant ( Bala Ganapati) and erotic (Uchchhishta Ganapati
Uchchhishta Ganapati ( sa, उच्छिष्ट-गणपति, ) is a Tantric aspect of the Hindu god Ganesha (Ganapati). He is the primary deity of the ''Uchchhishta Ganapatya'' sect, one of six major schools of the Ganapatyas. He is wor ...
) forms. Simons concludes, "In his haste to appease a few protesters, the mayor, usually a champion of the arts, made a serious error in judgment. Instead of giving McCourt's divinely inspired statues the bum's rush, we should be celebrating this Canadian cross-pollination of cultures and aesthetic forms". ''The Globe and Mail
''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it ...
''s columnist Margaret Wente
Margaret Wente (born 15 February 1950) is a Canadian journalist and was a long-time columnist for '' The Globe and Mail'' until August 2019. She received the National Newspaper Award for column-writing in 2000 and 2001. In 2012, Wente was foun ...
agreed with Simons: "The mayor, of course, was quite wrong. Mr. McCourt's sculptures did not insult the Hindu community. They insulted a small but vocal conservative religious group that is about as representative of Hindus as Hassidic Jews are of Jews.... There's a big difference between respecting different cultures and caving in to illiberalism and superstition."
Despite such negative responses in the media to visual art censorship in Canada, in 2014 the Edmonton Arts Council subsequently refused a donation of one of McCourt's sculptures, ''Destroyer of Obstacles'', evidently because the sculpture had genitalia "beneath its clothes". After meeting with seven Hindu community group representative to seek out their opinion of the donation, the Edmonton Arts Council received a response that McCourt's sculpture was "an offense to their religion" and that the ban enacted by Mayor Mandel should remain in place. As a result of this consultation, "the Public Art Committee unanimously voted to decline acceptance of the gift, as the artwork did not meet "community or civic suitability" criteria." In McCourt's view, "It is not the purpose of a city’s public art collection to placate special interests," he says. "I want Edmonton to build the best civic art collection that we can get, never mind the politics, the religion, etc. of the artists making the work."
Print
Under the War Measures Act
The ''War Measures Act'' (french: Loi sur les mesures de guerre; 5 George V, Chap. 2) was a statute of the Parliament of Canada that provided for the declaration of war, invasion, or insurrection, and the types of emergency measures that could t ...
the Canadian government imposed strict censorship of news related to World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was List of wars and anthropogenic disasters by death toll, one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, ...
. 250 publications and periodicals, including many from the United States, were banned in the country. The censorship was expanded in 1918 in response to the Bolshevik
The Bolsheviks (russian: Большевики́, from большинство́ ''bol'shinstvó'', 'majority'),; derived from ''bol'shinstvó'' (большинство́), "majority", literally meaning "one of the majority". also known in English ...
success in the Russian Revolution
The Russian Revolution was a period of political and social revolution that took place in the former Russian Empire which began during the First World War. This period saw Russia abolish its monarchy and adopt a socialist form of government ...
and fears that Communism
Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, ...
would spread to the rest of the world.
In 1937, under Maurice Duplessis
Maurice Le Noblet Duplessis (; April 20, 1890 – September 7, 1959), was a Canadian lawyer and politician who served as the 16th premier of Quebec. A conservative, nationalist, anti-Communist, anti-unionist and fervent Catholic, he and hi ...
, Quebec
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirte ...
's Union Nationale government passed the ''Act to protect the Province Against Communistic Propaganda'' (commonly known as the "Padlock Law
The ''Act to Protect the Province Against Communistic Propaganda'' (french: Loi protégeant la province contre la propagande communiste), commonly known as the "Padlock Law" or "Padlock Act" (french: La loi du cadenas), was a law in the province ...
"), which banned the printing, publishing or distributing of "any newspaper, periodical, pamphlet, circular, document or writing, propagating Communism or Bolshevism". The law was struck down by the Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
as an attempt to legislate criminal law ''ultra vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...
'' of the provincial legislature in the 1957 ''Switzman v Elbling
''Switzman v Elbling and A.G. of Quebec'', 957SCR 285 is a Supreme Court of Canada decision in which the Court ruled that Quebec's Act to Protect the Province Against Communistic Propaganda, commonly known as the "Padlock Law", was ''ultra vires' ...
'' decision.
In 1949, spearheaded by the campaigning of MP Davie Fulton, crime comics
Crime comics is a genre of American comic book, American comic books and format of crime fiction. The genre was originally popular in the late 1940s and early 1950s and is marked by a moralistic editorial tone and graphic depictions of violence a ...
were banned in Canada in Bill 10 of the 21st Canadian Parliament
The 21st Canadian Parliament was in session from September 15, 1949, until June 13, 1953. The membership was set by the 1949 federal election on June 27, 1949, and it changed only somewhat due to resignations and by-elections until it was disso ...
's 1st session (informally known as the Fulton Bill).
In 1955, the importation of American ''The Atom Spy Hoax'' was deemed seditious as it questioned the Canadian government's handling of the Igor Gouzenko affair.
''Little Sisters Book and Art Emporium v Canada''
One of the most famous ongoing censorship controversies in Canada has been the dispute between Canada Customs
The Canada Border Services Agency (CBSA; french: Agence des services frontaliers du Canada, ''ASFC'') is a federal law enforcement agency that is responsible for border control (i.e. protection and surveillance), immigration enforcement, and cus ...
and LGBT
' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity.
The LGBT term ...
retail bookstores such as Little Sister's in Vancouver
Vancouver ( ) is a major city in western Canada, located in the Lower Mainland region of British Columbia. As the most populous city in the province, the 2021 Canadian census recorded 662,248 people in the city, up from 631,486 in 2016. ...
and Glad Day in Toronto
Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the anch ...
. Through the 1980s and into the 1990s, Canada Customs frequently stopped material being shipped to the two stores on the grounds of "obscenity". Both stores frequently had to resort to the legal system to challenge the confiscation of their property.
In 2000, the Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
ruled that Canada Customs did not have the authority to make its own judgments about the permissibility of material being shipped to the stores but was permitted to confiscate only material that had specifically been ruled by the courts to constitute an offence under the Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
.
In addition a report from 2013, reports that over 100 books, magazine, and other written works were challenged for removal in schools and libraries. Some of these challenges were upheld; however, some were rejected.
Film
In the early 1910s, motion pictures were rising in popularity. It was decided nationally that censorship of them was necessary in order to be suitable for a wide, general audience of varying ages, mental, and educational levels. However, since national censorship for such a large and diverse country was unworkable, each province would censor according to their own provincial community standards. However, Ontario would be the "main" censor in that theatrical prints would be censored/edited by the Ontario censors then distributed throughout Ontario and the other provinces. The other provinces would provide additional censorship/editing if it was necessary for their own province. The Ontario board was formed in 1911; other provinces followed shortly thereafter. Prince Edward Island
Prince Edward Island (PEI; ) is one of the thirteen provinces and territories of Canada. It is the smallest province in terms of land area and population, but the most densely populated. The island has several nicknames: "Garden of the Gulf", ...
and Newfoundland
Newfoundland and Labrador (; french: Terre-Neuve-et-Labrador; frequently abbreviated as NL) is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region ...
never formed any boards but instead took their advice from the New Brunswick
New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. It is the only province with both English and ...
and Nova Scotia
Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland".
Most of the population are native Eng ...
boards.
The censors had no strict rules however; they often took advice from the British Board of Film Censors
The British Board of Film Classification (BBFC, previously the British Board of Film Censors) is a non-governmental organization, non-governmental organisation founded by the British film industry in 1912 and responsible for the national clas ...
in the early years. In the 1920s, the Ontario censor board objected to content such as:['' Take 30'', October 11, 1968, ]CBC Television
CBC Television (also known as CBC TV) is a Canadian English-language broadcast television network owned by the Canadian Broadcasting Corporation, the national public broadcaster. The network began operations on September 6, 1952. Its French- ...
digitized episode
* actors pointing guns directly at the camera, or at other actors due to the possible negative effects on children and mentally weaker individuals
* machine guns
* scenes with women smoking
* profanity, vulgarity, and obscenity
* disrespect for officers of the law
* depiction and patriotic waving of the American flag, this was so the boards could promote a sense of Canadian nationalism
* illicit sexual relations
* nudity
* cruelty to animals
* drinking
* drug use
In the 1920s, the Canadian film boards removed American patriotism from imported films, citing their damage to a pro-British sentiment. The Hicklin test
The Hicklin test is a legal test for obscenity established by the English case ''Regina v Hicklin'' (1868). At issue was the statutory interpretation of the word "obscene" in the Obscene Publications Act 1857, which authorized the destruction of ...
was used as the standard for film censorship until 1959, when the Criminal Code was amended and the Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
overruled a ruling by the Nova Scotia Court of Appeal
The Court of Appeal for Nova Scotia (Nova Scotia Court of Appeal or NSCA) is the highest appeal court in the province of Nova Scotia, Canada. There are currently 8 judicial seats including one assigned to the Chief Justice of Nova Scotia. At any g ...
that held that the Hicklin test was still in effect.
Eventually, six of the provincial censor boards adopted classification in 1953 though films were still censored for certain categories. The idea of classification was first proposed by Ottawa child welfare advocate, and future mayor, Charlotte Whitton in 1920; however, at the time it was criticized with one newspaper editor claiming "A film that's not suitable for a ten-year-old should not be seen at all." It was in the 1950s that the censorship standards became more permissive. For example, ''A Farewell to Arms
''A Farewell to Arms'' is a novel by American writer Ernest Hemingway, set during the Italian campaign of World War I. First published in 1929, it is a first-person account of an American, Frederic Henry, serving as a lieutenant () in the a ...
'' contained an intense birth scene, a character yells "Damn!" in ''Witness for the Prosecution
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
'', and '' Peyton Place'' contained "pungent language". All of which was passed, in Ontario at least.
'' Last Tango in Paris'' was banned in Nova Scotia in 1974. Gerard McNeil, the editor of the Dartmouth Free Press, opposed the film's censorship and he filed a lawsuit
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
in which he argued that the censors were acting illegally when they banned the film, citizens have a right to view uncensored films regardless of its content, and that the taxes and fees collected by the Amusements Board was to continue its illegal activities. The censors argued that McNeil had no standing to sue as he had no direct interest in the case, but the Nova Scotia Supreme Court stated that "there could be a large number of persons with a valid desire to challenge". The court ruled on 2 February 1976, that the provinces had no power to censor films under the British North America Acts
The British North America Acts 1867–1975 are a series of Acts of Parliament that were at the core of the constitution of Canada. Most were enacted by the Parliament of the United Kingdom and some by the Parliament of Canada. In Canada, som ...
. However, the Supreme Court of Canada overruled the court on 19 January 1978, in a five to four decision.
The romantic comedy
Romantic comedy (also known as romcom or rom-com) is a subgenre of comedy and slice of life fiction, focusing on lighthearted, humorous plot lines centered on romantic ideas, such as how true love is able to surmount most obstacles. In a typic ...
'' Young People Fucking'' prompted the Government of Canada
The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown-i ...
to introduce Bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
* Invoice, commercial document issued by a seller to a buyer
* Bill, a bird or animal's beak
Pla ...
C-10, to allow revoking government funds from films the government deemed offensive. Strong public backlash led to the bill dying on the order paper
The Order Paper is a daily publication in the Westminster system of government which lists the business of parliament for that day's sitting. A separate paper is issued daily for each house of the legislature.
The Order Paper provides members ...
.
Alberta
The Theatres Act was passed in Alberta in 1913, and it required that all films have a stamp from the provincial censorship board. R.B. Chadwick served as the censor from 1913 to 1916, when Howard Douglas, who served until 1928, was appointed following Chadwick's death. Robert Pearson, who served from 1928 to 1946, censored films "practically on individual whim" and banned 150 films in the first six years of sound movies. P.J.A. Fleming, who served from 1946 to 1964, banned almost 100 films and made over 4,000 alterations to films.
Ernest Manning
Ernest Charles Manning, (September 20, 1908 – February 19, 1996), a Canadian politician, was the eighth Premier of Alberta between 1943 and 1968 for the Social Credit Party of Alberta. He served longer than any other premier in Alberta's histor ...
believed that the film industry in the United States was dominated by communists and sought to ban multiple films including Frank Sinatra
Francis Albert Sinatra (; December 12, 1915 – May 14, 1998) was an American singer and actor. Nicknamed the " Chairman of the Board" and later called "Ol' Blue Eyes", Sinatra was one of the most popular entertainers of the 1940s, 1950s, and ...
's '' The House I Live In''. Cornelia Wood, stated that ''Tom Jones
Tom Jones may refer to:
Arts and entertainment
*Tom Jones (singer) (born 1940), Welsh singer
*Tom Jones (writer) (1928–2023), American librettist and lyricist
*''The History of Tom Jones, a Foundling'', a novel by Henry Fielding published in 1 ...
'', which was banned in Alberta, should be destroyed. Alberta was the only place to ban ''A Clockwork Orange
''A Clockwork Orange'' may refer to:
* ''A Clockwork Orange'' (novel), a 1962 novel by Anthony Burgess
** ''A Clockwork Orange'' (film), a 1971 film directed by Stanley Kubrick based on the novel
*** ''A Clockwork Orange'' (soundtrack), the film ...
'' in North America, but the ban was lifted in 1973, when the film was rated as "Restricted Adult".
Alberta had one of the earliest rating systems in the 1920s. The U rating allowed for "unaccompanied children under fourteen years of age permitted" while the Adult rating required adult accompaniment. Comedies and newsreels were excluded from the ratings system. The Adult Only rating was created in 1964.
British Columbia
The Act to Regulate Theatres, by William John Bowser
William John Bowser ( Rexton, New Brunswick December 3, 1867 – October 25, 1933 Vancouver) was a politician in British Columbia, Canada. He served as the 17th premier of British Columbia from 1915 to 1916.
The son of William Bowser and Marg ...
, was passed in 1913, and C.L. Gordon was selected as the first censor. Censorship powers were increased by the Theatres Act in 1914, which allowed films to be seized, theatres required licenses, and Sunday showings were banned. '' The Spoilers'' was banned, but Bowser overturned the ruling making it the first time a decision by a censorship board was successfully overturn. J. Bernard Hughes, the chief censor in British Columbia, banned ''Diary of a Nazi'' stating that it was "purely Russian propaganda" that depicted "the Nazis at their worst". The censorship board was transitioned into a classification board in 1970. Audiences in Vancouver circumvented film censorship by attending showings in the U.S. state of Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered o ...
. Mary-Louise McCausland appointment as censor in 1978 made her the first woman to hold the position. She was known for her liberal attitudes during her tenure such as when she allowed ''Pretty Baby Pretty Baby may refer to:
* ''Pretty Baby'' (1950 film), a comedy film featuring Dennis Morgan and Betsy Drake
* ''Pretty Baby'' (1978 film), a drama film featuring Brooke Shields
** ''Pretty Baby'' (soundtrack), a soundtrack album from the film ...
'', which was banned in Ontario, to be shown in British Columbia.
Manitoba
Manitoba's censorship board was initially based in Winnipeg and it was shared with Saskatchewan. The board was divided into two in 1916, but Saskatchewan still used Winnipeg. Alberta's rating system was adopted in Manitoba in 1930, with the Universal and Adult ratings.
Six minutes from ''The Stewardesses
''The Stewardesses'' is a 1969 American 3D softcore comedy film written and directed by Allan Silliphant (credited onscreen as Alf Silliman Jr.) and starring Christina Hart, Monica Gayle, Paula Erickson and Donna Stanley.
Produced on a budget ...
'' were removed in 1971, but Attorney General Al Mackling ordered for the film to be seized, threatened to increase censorship laws, and filed charges against the Metropolitan Theatre for obscenity. The New Democratic Party of Manitoba abolished the censor board in 1972, and replaced it with the Film Classification Board. The new board was not able to censor films and would only be allowed to classify them. '' Last Tango in Paris'' was seized by police in Winnipeg in 1973, but a three to two court ruling decided that the film was not obscene. The Progressive Conservative Party of Manitoba
The Progressive Conservative Party of Manitoba (french: Parti progressiste-conservateur du Manitoba) is a centre-right political party in Manitoba, Canada. It is currently the governing party in the Legislative Assembly of Manitoba, after winnin ...
fired all fifteen members of the board after gaining power in 1978. Hope Carroll, whose husband served in Dufferin Roblin
Dufferin "Duff" Roblin, (June 17, 1917 – May 30, 2010) was a Canadian businessman and politician. He served as the 14th premier of Manitoba from 1958 to 1967. Roblin was appointed to the Senate of Canada on the advice of Prime Minister Pierre ...
's government, was selected as the new chair and was described as "an active Conservative worker".
Ontario
The Theatres and Cinematographs Act was passed on 24 March 1911. A provision in the legislation which prohibited police officers from preventing the showing of approved films was repealed in 1914. Ontario banned all war film
War film is a film genre concerned with warfare, typically about navy, naval, air force, air, or army, land battles, with combat scenes central to the drama. It has been strongly associated with the 20th century. The fateful nature of battle s ...
s in 1914. In 1919, legislation was passed that allowed censors to ban any film that glorified other nations and the British national anthem was required to be played at the end of all performances. Ontario film censors were brought in by American companies to advise them on films with A.S. Hamilton, the chair of the censorship board from 1920 to 1926, being asked by Universal Pictures
Universal Pictures (legally Universal City Studios LLC, also known as Universal Studios, or simply Universal; common metonym: Uni, and formerly named Universal Film Manufacturing Company and Universal-International Pictures Inc.) is an Americ ...
to review ''Foolish Wives
''Foolish Wives'' is a 1922 American erotic silent drama film produced and distributed by Universal Pictures under their Super-Jewel banner and written and directed by Erich von Stroheim. The drama features von Stroheim, Rudolph Christians, Mis ...
''.
'' Damaged Goods'', a film about sexually transmitted infection
Sexually transmitted infections (STIs), also referred to as sexually transmitted diseases (STDs) and the older term venereal diseases, are infections that are spread by sexual activity, especially vaginal intercourse, anal sex, and ora ...
, was banned in Ontario in 1916. Mutual Film
Mutual Film Corporation was an early American film conglomerate that produced some of Charlie Chaplin's greatest comedies. Founded in 1912, it was absorbed by Film Booking Offices of America, which evolved into RKO Pictures.
Founding
Mutual ...
screened the film to a selected audience, as a private showing it was exempt from the provincial censorship laws, and asked them if the film should be released. The audience approved of the film and Mutual Film appealed the ruling, but were unsuccessful. To combat the spread of sexual diseases a government campaign was initiated in the late 1910s. The Canadian National Council for Combating Venereal Disease, which was led by William Renwick Riddell
William Renwick Riddell (6 April 185218 February 1945) was a Canadian lawyer, judge, and historian.
Early life and education
Riddell was born on 6 April 1852 in Hamilton Township, Ontario, and attended a public school in Hamilton Township, Co ...
and Gordon Bates, sought to distribute '' The End of the Road'' in Ontario in 1919. The censorship board was conflicted over maintaining its earlier ruling or allowing a government campaign to continue. The board rejected the film and the ruling was maintained on appeal. However, the ruling was reversed in 1920, and over 20,000 people saw the film within five days of its release and 40,000 by 1932. Other films about sexual diseases were allowed to be shown as well.
Omri J. Silverthorne served as the chair of the censorship board from 1934 to 1974, with him gaining the position after his friend, Mitchell Hepburn
Mitchell Frederick Hepburn (August 12, 1896 – January 5, 1953) was the 11th premier of Ontario, from 1934 to 1942. He was the youngest premier in Ontario history, appointed at age 37. He was the only Ontario Liberal Party leader in the 20th cent ...
, became Ontario's premier. Hepburn, after becoming the minister of finance
A finance minister is an executive or cabinet position in charge of one or more of government finances, economic policy and financial regulation.
A finance minister's portfolio has a large variety of names around the world, such as "treasury", ...
, banned all of ''The March of Time
''The March of Time'' is an American newsreel series sponsored by Time Inc. and shown in movie theaters from 1935 to 1951. It was based on a radio news series broadcast from 1931 to 1945. The "voice" of both series was Westbrook Van Voorhis. ...
'' newsreels in 1942, without the board watching it, due to a ''Time
Time is the continued sequence of existence and event (philosophy), events that occurs in an apparently irreversible process, irreversible succession from the past, through the present, into the future. It is a component quantity of various me ...
'' article about him that he did not like. Previous censors required all films to be suitable for children while Silverthorne judged films individually causing the Ontario censorship board to be considered the most liberal in the country. The amount of films rejected declined from twenty-four in 1933, to zero in 1940.
Silverthorne stated in 1967, that "Canada is the most over-censored country in the world". In 1971, he stated that he wanted "to see censorship as it is presently being practised abolished in Canada within the next two years". A grand jury investigation into the Ontario censorship board in 1972 criticized its "concern for cultivating a reputation for liberality". Donald Sims replaced Silverthorne in 1974, and increased censorship activates. The Stratford Film Festival The Stratford Film Festival was an annual film festival in Stratford, Ontario, Canada, which was staged from 1956 to 1961 and from 1971 to 1975. One of the first film festivals in North America ever to present international films, it was the preemi ...
was ordered to censor its films for the first time in its history and ''Pretty Baby'' was banned. The rejection of ''The Tin Drum
''The Tin Drum'' (german: Die Blechtrommel, ) is a 1959 novel by Günter Grass. The novel is the first book of Grass's ' ('' Danzig Trilogy''). It was adapted into a 1979 film, which won both the 1979 Palme d'Or and the Academy Award for Bes ...
'' resulted in mass protests that called for the abolition of the censorship board. The Writers' Union of Canada and Festival of Festivals called the board to be converted into one for classification. Sims left the board during the protests in 1980.
Quebec
A censorship board was established in Quebec in 1911. The deaths of seventy-eight children from the Laurier Palace Theatre fire in 1927, and opposition to film from the Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
led to a ban on minors attending movie theatres. J.A. Cooper, the president of the Motion Picture Distributors and Exhibitors of Canada, stated that Quebec censors were "the worst in the world" in 1926. ''Maclean's
''Maclean's'', founded in 1905, is a Canadian news magazine reporting on Canadian issues such as politics, pop culture, and current events. Its founder, publisher John Bayne Maclean, established the magazine to provide a uniquely Canadian pers ...
'' reported that the amount of films banned in Canada fell from one hundred one in 1932, to nineteen in 1940, with nine being banned in Quebec. Quebec censors rejected all films the dealt with divorce. By the 1960s the Quebec censorship board was one of the largest with eighteen full-time staff employed compared to other provincial boards which had two to five full-time staff.
When the was established in 1960, the Quebec censorship board agreed not to interfere with one-time showings of the films at the festival. Over 40,000 people attended the event. Protests subsequently arose after censored versions of the films were released to theatres.
In 1961, a 125 page report on the censorship board reported that one-third of all films in Quebec had been censored. André Guerin, the chief censor, stated about Quebec censorship that "Along with Spain, the censorship was the tightest in the world". Under Guerin's leadership from the 1960s to the 1980s film censorship lessened with only seven of the eight hundred submitted films in 1965 being rejected. Censorship campaigns by Catholics against ''Heads or Tails'' and ''Apres-Ski'', due to their pornographic nature, resulted in them becoming financially successful.
Saskatchewan
The censorship board in Saskatchewan is believed to have been established in response to the riots
A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people.
Riots typically involve destruction of property, public or private. The property targeted ...
over ''The Johnson–Jeffries Fight
The Fight of the Century or the Johnson–Jeffries Prize Fight was a boxing match between the first African American World Heavyweight Champion of Boxing Jack Johnson and the previously undefeated World Heavyweight Champion James J. Jeffries ...
''. Legislation was passed on 3 November 1911, to authorise the government to appoint a censorship board. Sunday film showings were banned in 1912. William Mackay Omand was appointed as the province's first censor 16 January 1913. The Manitoban and Saskatchewan censorship boards were one group in Winnipeg from 1914 to 1916.
Chief censor D.E. Williams stated that ''Tom Jones'' was a "sordid picture in colour, supposedly of life in England in the seventeenth century". Williams made a statement asking the public if that wanted to see a film using objectionable words, in reference to ''Tom Jones'' without naming it, and received 213 letters against and 24 in favor. He demanded for twenty scenes to be removed from the film, but the distributor was instructed to not edit the film. The film was allowed to be viewed by adults only after protests.
Other provinces and territories
Prince Edward Island never had legislation for film censorship and instead used the censorship boards of New Brunswick and Nova Scotia. The Motion Picture (Censorship) Act was passed in Newfoundland in 1916, and the province appointed its censors on 19 September. The Northwest Territories established a classification office on 21 March 1938. The Yukon uses British Columbia's classification system. In 1961, George Enos, who served as New Brunswick's censor from 1929 to 1964, stated that censorship "is very undesirable" and that "Ninety percent of the worry is needless. Respectable people will condemn a bad picture. I don't like the idea of setting up one man to say what his neighbour shall see or not see. He would have to be a superman."
Broadcasting
The main body monitoring and regulating broadcast content in Canada is the Canadian Broadcast Standards Council, a self-governing association of radio and television broadcasters. The Canadian Radio-television and Telecommunications Commission
The Canadian Radio-television and Telecommunications Commission (CRTC; french: Conseil de la radiodiffusion et des télécommunications canadiennes, links=) is a public organization in Canada with mandate as a regulatory agency for broadcast ...
(CRTC), while also having the power to regulate broadcast content, intervenes only in the most serious and controversial cases.
Many Canadian broadcast stations broadcast explicit programming under certain circumstances, albeit with viewer discretion advisories and at adult-oriented times on the schedule. CTV
CTV may refer to:
Television
* Connected TV, or Smart TV, a TV set with integrated internet
North America and South America
* CTV Television Network, a Canadian television network owned by Bell Media
** CTV 2, a secondary Canadian televisio ...
, for example, has aired controversial series such as ''The Sopranos
''The Sopranos'' is an American crime drama television series created by David Chase. The story revolves around Tony Soprano (James Gandolfini), a New Jersey-based Italian-American mobster, portraying his difficulties as he tries to balance ...
'', ''Nip/Tuck
''Nip/Tuck'' is an American medical drama television series created by Ryan Murphy that aired on FX in the United States from July 22, 2003, to March 3, 2010. The series, which also incorporates elements of crime drama, black comedy, family dra ...
'' and '' The Osbournes'' in prime time
Prime time or the peak time is the block of broadcast programming taking place during the middle of the evening for a television show. It is mostly targeted towards adults (and sometimes families). It is used by the major television networks to ...
without editing, and some Canadian television broadcasters, such as Citytv
Citytv is a Canadian television network owned by the Rogers Sports & Media subsidiary of Rogers Communications. The licence of the original Citytv station, granted the callsign of CITY-TV by the CRTC on November 25, 1971 to Cable Television ...
& CFVO-TV
CFVO-TV was a television station that broadcast from Hull, Quebec (now Gatineau). It launched on September 1, 1974, under the ownership of the (Outaouais Television Cooperative, CTVO). CFVO transmitted on channel 30, broadcasting mostly T ...
, in the 1970s, aired softcore pornography
Softcore pornography or softcore porn, is commercial still photography or film that has a pornographic or erotic component but is less sexually graphic and intrusive than hardcore pornography, defined by a lack of visual sexual penetration. So ...
after 12 midnight EST, which can therefore be viewed as early as 9:00 p.m. in other parts of Canada (i.e., anywhere in the Pacific Time Zone
The Pacific Time Zone (PT) is a time zone encompassing parts of western Canada, the western United States, and western Mexico. Places in this zone observe standard time by subtracting eight hours from Coordinated Universal Time ( UTC−08:00 ...
).
The Code of Ethics of the Canadian Association of Broadcasters
The Canadian Association of Broadcasters (CAB) is a trade association representing the interests of commercial radio and television broadcasters in Canada. It is co-located with the Canadian Broadcast Standards Council in Ottawa.
It was first ...
defines the "late viewing period" as the hours from 9:00 p.m. to 6:00 a.m. Outside this period, the Code of Ethics prohibits programming containing sexually explicit material or coarse or offensive language. This association also publishes a "Voluntary Code Regarding Violence in Television Programming".
In enforcing these two Codes, the Canadian Broadcast Standards Council permits nudity to be broadcast during the day as long as it is considered non-sexual. For example, the CBSC permitted a 4:00 p.m. broadcast of the movie '' Wildcats'' containing male frontal nudity in a locker-room scene and female nudity in a bathtub. The CBSC has also permitted the film ''Striptease
A striptease is an erotic or exotic dance in which the performer gradually undresses, either partly or completely, in a seductive and sexually suggestive manner. The person who performs a striptease is commonly known as a "stripper" or an "exo ...
'', which contains scenes of bare female breasts, to be shown at 8:00 p.m.
The CBSC summarizes its policy on sexual activity as follows:
Internet
Until 2021, there were no specific plans to actively regulate internet content in Canada, however local laws applied to websites hosted in Canada as well as to residents who host sites on servers in other jurisdictions. A well-known example is the case of Ernst Zündel
Ernst Christof Friedrich Zündel (; 24 April 1939 – 5 August 2017) was a German neo-Nazi publisher and pamphleteer of Holocaust denial literature. , who was investigated by the Canadian Human Rights Commission for promoting ethnic hatred via his website.
In July 2005, in the middle of a labour dispute with the group, Telus
Telus Communications Inc. (TCI) is the wholly owned principal subsidiary of Telus Corporation, a Telecommunications in Canada, Canadian national telecommunications company that provides a wide range of telecommunications products and services ...
briefly blocked a website being run by members of the Telecommunications Workers Union
The Telecommunications Workers Union (TWU) was a trade union in Canada for people working for telephone and cable companies. Although the TWU had members from Shaw Cable in the Vancouver area of British Columbia, Canada, the majority of TWU ...
. It cited concerns over the publication of photos of employees who had crossed picket lines, and its advocating for readers to jam the company's phone lines. The site was unblocked after an injunction was obtained to prohibit it from publishing the personal information of Telus employees.
In November 2006, Canadian Internet service providers Bell
A bell is a directly struck idiophone percussion instrument. Most bells have the shape of a hollow cup that when struck vibrates in a single strong strike tone, with its sides forming an efficient resonator. The strike may be made by an inte ...
, Bell Aliant
Bell Aliant is a brand name used by Bell Canada for telecommunications services in Atlantic Canada.
Prior to 2015, Bell Aliant Inc. (formerly Aliant Inc.) was a separate company providing telecom services in the Atlantic provinces and a few othe ...
, MTS Allstream
Bell MTS Inc. (formerly Manitoba Telecom Services) is a subsidiary of BCE Inc. that operates telecommunications services in Manitoba.
Originally established as Manitoba Government Telephones after the Government of Manitoba purchased the Manito ...
, Rogers Rogers may refer to:
Places
Canada
*Rogers Pass (British Columbia)
* Rogers Island (Nunavut)
United States
* Rogers, Arkansas, a city
* Rogers, alternate name of Muroc, California, a former settlement
* Rogers, Indiana, an unincorporated communit ...
, Shaw
Shaw may refer to:
Places Australia
*Shaw, Queensland
Canada
* Shaw Street, a street in Toronto
England
*Shaw, Berkshire, a village
* Shaw, Greater Manchester, a location in the parish of Shaw and Crompton
* Shaw, Swindon, a suburb of Swindon
...
, SaskTel
Saskatchewan Telecommunications Holding Corporation, operating as SaskTel, is a Canadian crown-owned telecommunications firm based in the province of Saskatchewan. Owned by the provincial government, it provides wireline and wireless communicat ...
, Telus, and Vidéotron
Vidéotron is a Canadian integrated telecommunications company active in cable television, interactive multimedia development, video on demand, cable telephony, wireless communication and Internet access services. Owned by Quebecor, it primarily ...
announced Project Cleanfeed Canada, a voluntary effort to block websites hosting child pornography
Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a ...
and fictional child pornography. The list of blocked sites is compiled from reports by Internet users and investigated by the independent organization Cybertip.ca
Canadian Centre for Child Protection (C3P; french: Centre canadien de protection de l'enfance) is a Canadian registered charitable organization dedicated to the personal safety of all children. More specifically, its goal is to reduce the victim ...
. Project Cleanfeed was praised following its founding by Royal Canadian Mounted Police
The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal and national police service of Canada. As poli ...
Supt. Earla-Kim McColl (then-head of the National Child Exploitation Coordination Centre).
In October 2011, the Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
unanimously ruled that online publications cannot be found liable for linking to defamatory material as long as the linking itself is not defamatory.
Online gambling
In 2015, the province of Quebec
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirte ...
proposed legislation which would require unlicensed online gambling
Online gambling is any kind of gambling conducted on the internet. This includes virtual poker, casinos and sports betting. The first online gambling venue opened to the general public was ticketing for the Liechtenstein International Lottery i ...
websites, as defined by Loto-Québec
Loto-Québec is a crown corporation in the Canadian province of Quebec. Established in 1969, it is responsible for overseeing lottery and gaming in the province.
The corporation operates lottery games such as draw games and scratch cards, ca ...
, to be blocked by Internet service providers
An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise privat ...
in defense of the Loto-Québec-operated Espacejeux. The proposal was criticized for the possible precedents that such legislation could set, as it would be the first internet censorship
Internet censorship is the legal control or suppression of what can be accessed, published, or viewed on the Internet. Censorship is most often applied to specific internet domains (such as Wikipedia.org) but exceptionally may extend to all Int ...
law passed by a Canadian government, as well as the law's intent to maintain a monopoly. Bill 74 was passed by the provincial government in May 2016. It was challenged in the Quebec Superior Court
The Superior Court of Quebec (french: Cour supérieure du Québec) is a superior trial court in the Province of Quebec, in Canada. It consists of 157 judges who are appointed by the federal government. Appeals from this court are taken to the Qu ...
by the Canadian Wireless Telecommunications Association, and by the Public Interest Advocacy Centre in a complaint to the Canadian Radio-television and Telecommunications Commission
The Canadian Radio-television and Telecommunications Commission (CRTC; french: Conseil de la radiodiffusion et des télécommunications canadiennes, links=) is a public organization in Canada with mandate as a regulatory agency for broadcast ...
(CRTC). In December 2016, the Commission decided that it would await the outcome of the court case before making a final ruling, but iterated its opinion that under the Telecommunications Act, no ISP may censor websites without its consent, and that "compliance with other legal or juridical requirements – whether municipal, provincial, or foreign – does not in and of itself justify the blocking of specific websites by Canadian carriers, in the absence of commission approval". In July 2018, the law was struck down by the Quebec Superior Court, citing these matters as being responsibility of the federal government, and the notion of net neutrality
Network neutrality, often referred to as net neutrality, is the principle that Internet service providers (ISPs) must treat all Internet communications equally, offering users and online content providers consistent rates irrespective of co ...
upheld by the CRTC.
Copyright infringement
On January 28, 2018, FairPlay Canada, an industry coalition formed by major Canadian telecom and media conglomerates, proposed to the CRTC the formation of a mandatory system to block websites "blatantly" involved in copyright infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, ...
. The system would utilize an independent organization to submit blocklists to the CRTC for approval; there would be no judicial oversight, and the Federal Court of Appeal
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters.
History
Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...
could only intervene after the fact. The group argued that illegal streaming of copyrighted media was harming the businesses of themselves and content producers, and that streaming boxes had eased such access. The proposal has been widely criticized for the possibility of abuse; Michael Geist
Michael Allen Geist (born July 11, 1968) is a Canadian academic, the Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa and a member of the Centre for Law, Technology and Society. Geist was educated at the Univer ...
described the proposal as being "ill-advised and dangerous", citing criticisms surrounding other site-blocking systems, the lack of judicial oversight, concerns that accidental overblocking could violate the Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
, and statistics showing that Canada was below global averages for unauthorized music distribution, and had more Netflix
Netflix, Inc. is an American subscription video on-demand over-the-top streaming service and production company based in Los Gatos, California. Founded in 1997 by Reed Hastings and Marc Randolph in Scotts Valley, California, it offers a ...
subscribers per-capita than countries with site blocking rules in effect. The proposal was struck down by the CRTC, as copyright law is outside of its jurisdiction.
On November 18, 2019, in the first ruling of its kind, the Federal Court of Canada
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. O ...
approved an interlocutory injunction An interlocutory injunction is a court order to compel or prevent a party from doing certain acts pending the final determination of the case. It is an order made at an interim stage during the trial, and is usually issued to maintain the status qu ...
requiring major Canadian ISPs to block a pirate IPTV
Internet Protocol television (IPTV) is the delivery of television content over Internet Protocol (IP) networks. This is in contrast to delivery through traditional terrestrial, satellite, and cable television formats. Unlike downloaded med ...
service. The court ruled that this did not violate net neutrality or freedom of expression.
Online Streaming Act
In 2022, Bill C-11 Bill C-11 is any of several articles of legislation introduced into the House of Commons of Canada, including:
* Immigration and Refugee Protection Act, introduced in 2001 to the first session of the 37th Parliament
* Copyright Modernization Act
...
passed through the House of Commons of Canada
The House of Commons of Canada (french: Chambre des communes du Canada) is the lower house of the Parliament of Canada. Together with the Crown and the Senate of Canada, they comprise the bicameral legislature of Canada.
The House of Commo ...
, where the CRTC would require large corporations to contribute payment and for streaming services to promote Canadian content. Professor Michael Geist
Michael Allen Geist (born July 11, 1968) is a Canadian academic, the Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa and a member of the Centre for Law, Technology and Society. Geist was educated at the Univer ...
expressed concerns with the legislation on how it would affect user-generated content visibility, the way in which interpretations of "Canadian content" could be broad, and what he perceived as the bill being rushed through the House of Commons too quickly. The CRTC would later acknowledge that the legislation would allow for user-generated content to be regulated but that they would not seek to do so.
Digital Safety Commissioner
In March 2019, following the Christchurch mosque shooting, Minister of Public Safety and Emergency Preparedness Ralph Goodale
Ralph Edward Goodale (born October 5, 1949) is a Canadian diplomat and retired politician who has served as the Canadian High Commissioner to the United Kingdom since April 19, 2021.
Goodale was first elected in 1974 as the member of Parliamen ...
stated that the government was planning to carefully evaluate whether social media platforms
Social media are interactive media technologies that facilitate the creation and sharing of information, ideas, interests, and other forms of expression through virtual communities and networks. While challenges to the definition of ''social medi ...
should be required to censor hate speech
Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
and extremist content. In 2021, Justice Minister David Lametti
David T. Lametti (born August 10, 1962) is a Canadian politician who has been the minister of justice and attorney general of Canada since 2019. A member of the Liberal Party, Lametti sits as a member of Parliament (MP) and has represented L ...
introduced Bill C-36 to take down online hate speech and fine those who espouse it for up to $50,000, stating that the "online world" has become the new public square and "that public square should be a safe space".
After Bill C-36 did not pass due to parliament closing during the 2021 Canadian federal election
The 2021 Canadian federal election was held on September 20, 2021, to elect members of the House of Commons to the 44th Canadian Parliament. The writs of election were issued by Governor General Mary Simon on August 15, 2021, when Prime Min ...
, a new version was drafted in 2022 where a Digital Safety Commissioner would oversee and remove internet content considered harmful. The federal government gathered an advisory group, who suggested they remove online content that was "misleading political communications", "propaganda", or content that promoted "unrealistic body image". The plan was eventually postponed following these proposals.
Human rights laws
The Canadian Human Rights Act
The ''Canadian Human Rights Act'' (french: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vi ...
formerly prohibited hate messages in telecommunications under federal jurisdiction, such as broadcasting and the internet. Section 13 of the Act prohibited making a statement by telecommunication which "is likely to expose a person or persons to 'hatred or contempt' by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination." Those prohibited grounds of discrimination are on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted. Provinces such as British Columbia and Alberta have extended this prohibition to all publications. In 1990, the Supreme Court of Canada upheld the constitutionality of s. 13 of the Canadian Human Rights Act.
In the mid-2000s, there was a series of high-profile cases involving s. 13, and the related provincial provisions. For example, Marc Lemire
Marc Lemire (born 1975) is a Canadian. He works closely with leader Paul Fromm, and is the webmaster of the Hamilton, Ontario-based Freedom-Site which he began in 1996. Formerly of Toronto and now living in Hamilton, Lemire was the last presiden ...
and Paul Fromm challenged the constitutionality of s. 13. In September 2009 the Canadian Human Rights Tribunal
The Canadian Human Rights Tribunal (french: Tribunal canadien des droits de la personne, link=no) is an administrative tribunal established in 1977 through the ''Canadian Human Rights Act''. It is directly funded by the Parliament of Canada and i ...
ruled that s. 13 violated Canadians' charter rights to freedom of expression. However, that ruling was overturned on appeal by the Federal Court of Appeal
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters.
History
Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...
, which found that s. 13 continued to be constitutionally valid.
In 2008 the Alberta Human Rights Commission
The Alberta Human Rights Commission (AHRC) is a quasi-judicial human rights body in Alberta, Canada, created by the provincial government.
The Commission was established under and tasked with administering the ''Alberta Human Rights Act'' (AHRA ...
held hearings on a complaint against former publisher Ezra Levant
Ezra Isaac Levant (born February 20, 1972) is a Canadian conservative media personality, political activist, writer, broadcaster, and former lawyer. Levant is the founder and former publisher of the conservative magazine, The'' Western Standard''. ...
after the ''Western Standard
The ''Western Standard'' is a Canadian political and social commentary media website operated by Western Standard New Media Corp. and its president Derek Fildebrandt. The Standard is based in Calgary, Alberta, where its main offices are located ...
'' published the Jyllands-Posten Muhammad cartoons
The ''Jyllands-Posten'' Muhammad cartoons controversy (or Muhammad cartoons crisis, da, Muhammedkrisen) began after the Danish newspaper ''Jyllands-Posten'' published 12 editorial cartoons on 30 September 2005, most of which depicted Muhamma ...
depicting Muhammad
Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the mon ...
. The complaint was ultimately withdrawn,
and a complaint filed with Calgary
Calgary ( ) is the largest city in the western Canadian province of Alberta and the largest metro area of the three Prairie Provinces. As of 2021, the city proper had a population of 1,306,784 and a metropolitan population of 1,481,806, maki ...
police came to naught. An identical complaint by the Edmonton Muslim Council was dismissed by the Alberta Commission in August 2008.
In 2008, three complaints were filed in three different jurisdictions against Mark Steyn
Mark Steyn (; born December 8, 1959) is a Canadian author and a radio and television presenter. He has written several books, including ''The New York Times'' bestsellers '' America Alone: The End of the World As We Know It'', ''After America: G ...
and ''Maclean's
''Maclean's'', founded in 1905, is a Canadian news magazine reporting on Canadian issues such as politics, pop culture, and current events. Its founder, publisher John Bayne Maclean, established the magazine to provide a uniquely Canadian pers ...
'' magazine for publishing excerpts from Steyn's book, America Alone
''America Alone: The End of the World as We Know It'' is a 2006 non-fiction book by the Canadian newspaper columnist and writer Mark Steyn. It forecasts the downfall of Western civilization due to internal weaknesses and Muslim population growt ...
, which the complainants said were offensive to Muslims. All three complaints were dismissed: the Ontario Human Rights Commission
The Ontario Human Rights Commission (OHRC) was established in the Canadian province of Ontario on March 29, 1961, to administer the Ontario Human Rights Code. The OHRC is an arm's length agency of government accountable to the legislature through ...
declared it lacked jurisdiction; the British Columbia Human Rights Tribunal
The British Columbia Human Rights Tribunal is a quasi-judicial human rights body in British Columbia, Canada. It was established under British Columbia's ''Human Rights Code''. It is responsible for "accepting, screening, mediating and adjudicati ...
dismissed the complaint; and the Canadian Human Rights Commission dismissed the complaint without referring the matter to the Canadian Human Rights Tribunal.
The Steyn / Maclean's case has been cited as a motivating factor in the June 2013 repeal of s. 13 of the Canadian Human Rights Act
The ''Canadian Human Rights Act'' (french: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vi ...
. In 2011, Keith Martin, a Liberal Member of Parliament from British Columbia, introduced a motion that called for the repeal of s. 13, arguing that it violated freedom of expression, guaranteed by s. 2 of the ''Canadian Charter of Rights and Freedoms''. Martin said that hate crimes, slander and libel would still be outlawed under the ''Criminal Code'', while his motion would stop the federal human rights tribunal from imposing restrictions on freedom of speech using taxpayers' money. "We have laws against hate crimes, but nobody has a right not to be offended," he said. " his provisionis being used in a way that the authors of the Act never envisioned." Following the 2011 election, Brian Storseth, a Conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
Member of Parliament from Alberta, introduced a private member's bill
A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in wh ...
to amend the ''Canadian Human Rights Act'', including the repeal of s. 13. The bill passed both Houses of Parliament and received royal assent on June 26, 2013. It came into force a year later, June 26, 2014.
In 2016, the Human Rights Tribunal of Quebec ordered comedian Mike Ward to pay $42,000 to the family of Jérémy Gabriel, a disabled public figure whose physical appearance Ward had mocked. Ward's lawyer, Julius Grey
Julius H. Grey (born 1948) is a Canadian lawyer and university professor. He is particularly known for his expertise in constitutional and human rights law. He is a senior partner at the law firm Grey Casgrain, s.e.n.c.
Born in Wrocław, Poland, ...
, began the appeal process shortly after the ruling. In 2021, the ruling was overturned by the Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
Private and public sectors
Employers and employees
Canadians can be disciplined by their employers for writing letters to newspapers. Christine St-Pierre
Christine St-Pierre (born June 10, 1953, in Saint-Roch des Aulnaies, Quebec) is a Canadian journalist and politician, who was MNA for the Montreal provincial riding of Acadie from 2007 to 2022 as a member of the Quebec Liberal Party.
Life a ...
, a television reporter covering federal politics for Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation (french: Société Radio-Canada), branded as CBC/Radio-Canada, is a Canadian public broadcaster for both radio and television. It is a federal Crown corporation that receives funding from the governmen ...
, was suspended in September 2006 for writing a letter in support of Canadian Armed Forces
}
The Canadian Armed Forces (CAF; french: Forces armées canadiennes, ''FAC'') are the unified military forces of Canada, including sea, land, and air elements referred to as the Royal Canadian Navy, Canadian Army, and Royal Canadian Air Force.
...
troops in the War in Afghanistan
War in Afghanistan, Afghan war, or Afghan civil war may refer to:
*Conquest of Afghanistan by Alexander the Great (330 BC – 327 BC)
* Muslim conquests of Afghanistan (637–709)
*Conquest of Afghanistan by the Mongol Empire (13th century), see al ...
.
Chris Kempling
Christopher Stephen Myles Kempling (born October 15, 1955) is a Canadian educator who was suspended by the British Columbia College of Teachers and disciplined by the Quesnel School District for anti-gay comments in letters to the editor of the ...
, a Canadian educator and counsellor, was suspended by the British Columbia College of Teachers The British Columbia College of Teachers (BCCT) was formerly the professional self-regulatory body for teachers in British Columbia. It was responsible for setting and enforcing standards for teachers in the province. It assessed applicants to the ...
and disciplined by the Quesnel School District for anti-gay comments in letters to the editor of the Quesnel Cariboo Observer.
Canadian courts have upheld professional sanctions against teachers and school counsellors for writing letters to newspapers that are found to be discriminatory, limiting their freedom of expression
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
and religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatur ...
on the basis of maintaining "a school system that is free from bias, prejudice and intolerance."
Public servants
Canadian public sector employees may be dismissed for criticizing the government, if the criticism reaches the point of impairing the public employee's ability to perform their functions. The requirement of the non-partisan federal public service is an important factor to take into account. For example, in ''Fraser v. Public Sector Staff Relations Board'', the Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
stated:
When one examines the substance of the criticisms (two major government policies and the character and integrity of the Prime Minister and Government), the context of those criticisms (prolonged, virtually full time, in public meetings, on radio, on television, in newspapers, local, national, international), and the form of the criticisms (initially restrained, but increasingly vitriolic and vituperative) the Adjudicator's conclusion that Mr. Fraser's ability to perform his own job and his suitability to remain in the public service were both impaired was a fair conclusion. Though no direct evidence of the fact of impairment of capacity is required, here the evidence clearly established circumstances from which the inference of impairment is clearly irresistible. Put simply, although there is not an absolute prohibition against public servants criticizing government policies, Mr. Fraser in this case went much too far.
Employees who are disciplined have the right to have the discipline reviewed through workplace arbitration, which in fact was offered to Fraser, but he declined:
There was a disagreement there. The employee wanted to speak out. The employer said that he could not. The employee persisted. The employer suspended him. But that is not all the employer did. The employer recognized that the employee was taking a principled stand. Accordingly, the employer offered to expedite the grievance procedure, provided the employee would cease his criticism. The employee refused. He decided to continue, and in fact greatly expanded, his criticism of the Government. In doing this, it seems to me, he voluntarily assumed the risk that his conduct might be adjudged to be sufficient cause for the initial suspension or for subsequent disciplinary action.
Criticism of Canadian censorship
Canada's 22nd Prime Minister, Stephen Harper
Stephen Joseph Harper (born April 30, 1959) is a Canadian politician who served as the 22nd prime minister of Canada from 2006 to 2015. Harper is the first and only prime minister to come from the modern-day Conservative Party of Canada, ...
, prior to becoming Prime Minister, stated "Human rights commissions, as they are evolving, are an attack on our fundamental freedoms and the basic existence of a democratic society … It is in fact totalitarianism
Totalitarianism is a form of government and a political system that prohibits all opposition parties, outlaws individual and group opposition to the state and its claims, and exercises an extremely high if not complete degree of control and regu ...
. I find this is very scary stuff."
PEN Canada
PEN Canada is one of the 148 centres of PEN International. Founded in 1926, it has a membership of over 1,000 writers and supporters who campaign on behalf of writers around the world who are persecuted, imprisoned and exiled for exercising their ...
, an organization which assists writers who are persecuted for peaceful expression, has called on "the federal and provincial governments to change human rights commission legislation to ensure commissions can no longer be used to attempt to restrict freedom of expression in Canada."
According to Mary Agnes Welch, president of the Canadian Association of Journalists, " man rights commissions were never intended to act as a form of thought police, but now they're being used to chill freedom of expression on matters that are well beyond accepted Criminal Code restrictions on free speech."
A group of several dozen professors from the 7,000-member American Political Science Association
The American Political Science Association (APSA) is a professional association of political science students and scholars in the United States. Founded in 1903 in the Tilton Memorial Library (now Tilton Hall) of Tulane University in New Orle ...
contend that recent free speech precedents in Canada put academics at risk of prosecution. The group includes Robert George and Harvey Mansfield
Harvey Claflin Mansfield Jr. (born March 21, 1932) is an American political philosopher. He is the William R. Kenan, Jr. Professor of Government at Harvard University, where he has taught since 1962. He has held Guggenheim and NEH Fellowships a ...
, and they have protested holding the scheduled 2009 APSA annual meeting in Canada for this reason."Academics fear speaking freely in Canada"
Kevin Libin, ''National Post'', August 23, 2008, retrieved Sept 5, 2014 The leadership of APSA selected Toronto as the meeting location.
There have been multiple lawsuits claiming that censorship violates multiple basic human rights, such as Section 2 of the
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part ...
which protects the fundamental freedoms of thought, belief, and opinion. These accusations have been of the violation of the rights and freedoms through certain types of censorship.
See also
*
Corridart
Corridart (sometimes stylized as Corrid'Art) was an almost 6 km (4 mile) long public exhibit of monumental installation artwork that took place in Montreal, Quebec, Canada, on Sherbrooke Street from July 6 to July 13 1976. The exhibition was can ...
*
Free speech in Canada
*
Hate speech laws in Canada
*
List of films banned in Canada
*
Section Two of the Canadian Charter of Rights and Freedoms
Section 2 of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") is the section of the Constitution of Canada that lists what the ''Charter'' calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whet ...
*
Strategic lawsuit against public participation
*
Youth Criminal Justice Act
The ''Youth Criminal Justice Act'' (YCJA; french: Loi sur le système de justice pénale pour les adolescents) (the ''Act'') is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offenc ...
, prohibits publishing the names or images of young persons.
References
Works cited
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Further reading
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External links
The Canadian Encyclopedia: CensorshipFreedom to Read Week an annual event that encourages Canadians to think about and reaffirm their commitment to intellectual freedom, whose website provides English and French lists of books and magazines that have been censored in Canada since 1685.
PEN Canada a nonpartisan organization that works to defend freedom of expression as a basic human right.
Gomorrahy.com a non-profit, educational Website concerning censorship in Canada.
{{DEFAULTSORT:Censorship In Canada
Mass media regulation in Canada