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Censorship News

February 27, 2005
 
Writers' Union Expresses Outrage Over Court Decision on Gay Bookstore
Toronto - The Writers' Union of Canada has expressed outrage over a decision by the BC Court of Appeal, which will cost a Vancouver store that specializes in gay and lesbian books more than a million dollars. The Appeal Court has overturned an earlier ruling that awarded Little Sisters Bookstore costs against Canada Customs after Canada Customs lost a court challenge to detain books at the border.

"Little Sisters has led a long and expensive fight against what is in effect border book banning by Canada Customs,” said Bill Freeman, Chair of the Writers' Union of Canada. "It has long been known, and was eventually proven in court, that Canada Customs agents arbitrarily detain books destined for gay and lesbian bookstores when many of those titles are allowed into mainstream bookstores,” he added.

The Writers' Union and others arts organizations have long called on the federal government to rescind the customs agents' power to detain books at the border, even when those books do not violate any laws in Canada. In a court challenge which has lasted more than 10 years, the Supreme Court of BC roundly criticized Canada Customs for their practice, but rather than strip the agency of that powers, simply instructed it to stop its practice.

"Not only does Canada Customs continue to violate that ruling,” said Freeman, "but they want this small bookstore to pay for extravagant court costs caused by Canada Customs efforts to defer or prolong the proceedings which eventually found the agency guilty. Here we have Big Government billing a small business for proving in court the government was unfairly applying its laws."

In its decision, the Appeal Court said that public funds should not awarded to a case that is of less significance to the public than the bookstore says it is.

"That's completely inaccurate," said Freeman. "Arts groups across Canada have argued for years that border book banning should be halted. Little Sisters, however, had the guts to take them to court over it. Now, proving their case may cost them their business. The government must get out of the censorship business now. And Canada Customs must pay the entire costs for its persecution of this bookstore."

The Writers' Union of Canada is our country's national organization representing professional authors of books. Founded in 1973, the Union is dedicated to fostering writing in Canada, and promoting the rights, freedoms, and economic well being of all writers. For more information, please visit http://www.writersunion.ca/.

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For additional information
Deborah Windsor, Executive Director
The Writers’ Union of Canada
416-703-8982 Ext. 221
dwindsor@writersunion.ca

 



 

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"The dissenter is every human being at those moments of his life when he resigns momentarily from the herd and thinks for himself . . . "

— Archibald MacLeish (1892-1982), U.S. poet, in "In Praise of Dissent" in The New York Times Book Review (1956)