Freedomtoread 2020 Seeking the Light - Freedom to Read Week
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freedomtoread
2020
BOOK AND PERIODICAL COUNCIL
CURRENT CENSORSHIP ISSUES IN CANADA
VO LU M E 36
Seeking
the Light
Champion
of Free
Expression
David
Eby
Glad Day’s
50th
Anniversary
Kids
Have
Rights
Too!
Show us
what you’re
doing for
Freedom to
Read Week!
Here are some of the many
highlights from FTRW’s
35th anniversary in 2019.
ILLUSTRATION (DETAIL): GIL MARTINEZ, 2019
Foreword
DEAR READERS,
Welcome to the 2020 issue of Freedom
to Read, the annual publication of the
Book and Periodical Council’s Freedom
of Expression Committee. We hope you
find the news stories and opinions that
we present enlightening and thought
provoking. We also hope you find the
information and ideas in Freedom to
Read useful during Freedom to Read
Week (February 23–29).
In 2019, while following the news
in Canada, we noted continuing
challenges to Canadians who seek to
exercise their expression rights. But
we also noted several triumphs for
Canadians who seek to secure those
rights and the expression rights of
others. We hope you’ll join us in cele-
brating those triumphs.
This year, in our “Front Lines” sec-
tion, three writers consider challenges
to our freedom to read and our freedom
to report the news. Todd Kyle exam-
ines the latest censorship challenges to
publications and services in Canada’s
libraries (page 6). Grant Buckler become North America’s oldest champion of free expression, reviews
recounts the protracted legal struggles LGBTQ bookstore (page 12). Claws of the Panda, Jonathan
of Justin Brake, a reporter who was In our “Perspectives” section, five Manthorpe’s newest book, which
charged with three offences in Labrador writers share their views about various focuses on the threat that the Chinese
in 2016 after he had covered a protest challenges to our freedom to read, communist state poses to Canada and
(page 8). Mark Lindenberg explains write and publish. David Alexander the expression rights of Chinese people
the significance of a ruling of Quebec’s Robertson , a Cree author, writes about in Canada (page 20).
Court of Appeal for news agencies that the educational authorities in Alberta In our “Get Involved” section, which
post their stories online (page 9). who advised against the use of some begins on page 21, we suggest 21 things
In our “Spotlight” section, of his books in public schools (page that you can do during Canada’s Free-
Mark Leiren-Young profiles David 14). Charles Montpetit summarizes dom to Read Week in February 2020.
Eby, the attorney general of British the battles—many of them legal—over We list numerous challenged books and
Columbia, who persuaded B.C.’s expression in Quebec in 2019 (page magazines. And we show how you can
legislature to pass the Protection 15). Vickery Bowles , the city librarian reach us during Freedom to Read Week
of Public Participation Act in 2019. of the Toronto Public Library, identifies or any other time of the year.
Thanks to Mr. Eby, British Colum- threats to intellectual freedom in the Finally, we’d like to thank
bians who speak up about public issues public libraries and suggests ways to Boyd Gordon and Gil Martinez for
ILLUSTRATION (DETAIL): GIL MARTINEZ, 2019
enjoy more protection from vindictive, cope with them (page 16). their impressive designs this year. Mr.
meritless lawsuits that are intended to Jaclyn Law , Freedom to Read’s Gordon designed the pages that you see
silence their voices (page 10). Then a editor, interviews Danielle S. in Freedom to Read, and Mr. Martinez
trio of writers— Marcus McCann , McLaughlin, the author of Freedom of created this year’s beautiful cover art
Jearld F. Moldenhauer and Expression: Deal with It Before and Freedom to Read Week poster. We
Dominique Bernier-Cormier — You Are Censored. Together they hope you admire their artistry as much
presents the 50-year history of explore free expression in schools, as we do.
Toronto’s Glad Day Bookshop. It common myths and more (page 18). Enjoy reading Freedom to Read, and
survived several censorship battles to Then Franklin Carter , our 2019 have a happy Freedom to Read Week!
freedomtoread.ca F re ed om to Re a d 2020 1
THE BOOK AND PERIODICAL COUNCIL (BPC)
THANKS THE FOLLOWING FOR THEIR GENEROUS
SPONSORSHIP OF FREEDOM TO READ WEEK 2020:
THE CANADIAN URBAN LIBRARIES COUNCIL (CULC) MADE A SPECIAL CONTRIBUTION “IN HONOUR OF THE GREAT CAREERS
AND CONTRIBUTIONS OF BILL PTACEK (CALGARY), REBECCA RAVEN (BRAMPTON), LOUISE PROCTER MAIO (RICHMOND HILL),
PATRICIA ENRIGHT (KINGSTON) AND SUSANNAH HUBBARD KRIMMER (LONDON). GREAT CHAMPIONS OF INTELLECTUAL FREEDOM.”
THE BPC ALSO THANKS ITS MEMBERS AND THE FOLLOWING ORGANIZATIONS AND COMPANIES FOR THEIR SUPPORT
AND IN-KIND DONATIONS:
thenewuarterly
CANADIAN WRITERS & WRITING
The following people contributed an incredible amount of time and energy producing the review and poster and maintaining our website:
Michelle Arbuckle, Dominique Bernier-Cormier, Franklin Carter, Sandy Crawley, Boyd Gordon, Jaclyn Law, Gil Martinez, Anne McClelland,
Scott Mitchell, Marg Anne Morrison, Sandra Richmond, Reanna Sartoretto and Brandi Tanner.
The BPC, along with the Freedom of Expression Committee, thanks all writers, photographers, fact checkers and illustrators for their
contributions to the 2020 Freedom to Read review and poster.
We acknowledge the support of the Canada Council for the Arts. Nous remercions le Conseil des arts du Canada de son soutien.
© Book and Periodical Council 2019 Please send your comments and ideas for future
No part of this publication may be reproduced, stored in a retrieval system, or issues of Freedom to Read to the Book and
Periodical Council, 192 Spadina Avenue,
transmitted in any form or by any means without prior written permission of the BPC
Suite 107, Toronto, Ontario M5T 2C2.
or, in the case of photocopying or other reprographic copying, a licence from the
Canadian Copyright Licensing Agency (Access Copyright). Phone 416-975-9366
Fax 416-975-1839
Please credit the Book and Periodical Council on any copies of review materials. Email info@theBPC.ca
The opinions expressed in Freedom to Read 2020 do not necessarily reflect the Visit freedomtoread.ca for more information.
official views of the BPC or its member associations.
If you require an accessible format of this review,
ISSN 1711-9367 please email publicity@freedomtoread.ca.
2020
FREEDOMTOREAD
CONTENTS
1
Foreword
E D I TO R
Jaclyn Law
5
In the News
By F
ranklin Carter
C O N S U LT I N G E D I TO R
Franklin Carter
front lines
D E S I G N , b oyd g o r d o n .d e s i g n
Boyd Gordon, Designer
6
Inclusion v. Censorship:
E X E C U T I V E D I R E C TO R , B P C Looking at Challenges to Canadian Libraries in 2018–19
Anne McClelland
By T
odd Kyle
C O N T R I B U TO R S
Dominique Bernier-Cormier, Vickery Bowles, 8
Still Fighting for Press Freedom:
Grant Buckler, Franklin Carter, Rina Hadziev, Justin Brake’s Legal Battle Enters Its Fourth Year
Todd Kyle, Jaclyn Law, Mark Leiren-Young, By G
rant Buckler
Mark Lindenberg, Marcus McCann,
Anne McClelland, Jearld F. Moldenhauer, 9
“An Insurmountable Obstacle”:
Charles Montpetit, David Alexander Robertson, A Quebec Court Interprets the Province’s Press Act
Brandi Tanner
By M
ark Lindenberg
FAC T C H E C K E R S
Jaclyn Law, Reanna Sartoretto
spotlight
L AW Y E R
Sandra Richmond 10
Champion of Free Expression: David Eby on
Stohn Hay Cafazzo Dembroski Richmond LLP
British Columbia’s New Anti-SLAPP Law
FREEDOM of EXPRESSION COMMITTEE By M
ark Leiren-Young
Katrina Afonso, Michelle Arbuckle (co-chair),
Ron Brown, Franklin Carter, Cailin Cooper, 12
Fifty Years of Defending Queer Expression:
Sandy Crawley, Teri Degler, Phil Dwyer, Glad Day Bookshop Celebrates a Milestone Anniversary
Kate Edwards, Lesley Fletcher, Emma Hunter,
Mark Leiren-Young, Anne McClelland, By Marcus McCann
Marg Anne Morrison (co-chair)
perspectives
14
“Not Recommended”:
What It’s Like When a School Board Rejects Your Work
By D
avid Alexander Robertson
15
Meanwhile in Quebec: The Quebecor Year
By C
harles Montpetit
16
Public Libraries Rise to Meet 21st-Century Challenges
By V
ickery Bowles
18
Kids Have Freedom of Expression Rights Too!
Q&A with Author Danielle S. McLaughlin
By J
aclyn Law
20
Book Profile: Claws of the Panda: Beijing’s Campaign of
P O S T E R a n d C OV E R I L LU S T R AT I O N
Influence and Intimidation in Canada
Gil Martinez, 2019
By F
ranklin Carter
Gil Martinez (bigguystudio.ca) has more than two
decades of design experience and has worked for publishers
throughout North America. He has been a member of the get involved
Association of Registered Graphic Designers since 2004,
and his duties there include portfolio reviews for junior 21
21 Things You Can Do
designers. Gil has received the HOW International Design
Award, the SoGood Design Award, the Canadian Business 22
Challenged Books and Magazines
Media Award and other awards. He writes about branding
and design for financial magazines and wrote a book about 24
Join the Conversation:
calligraphy and typography. How to Reach Us During Freedom to Read Week
freedomtoread.ca F re ed om to Re a d 2020 3
thebpc
BOOK AND PERIODICAL COUNCIL
Position Statement
FREEDOM OF EXPRESSION AND FREEDOM TO READ
A statement of the basic tenets of the Freedom of Expression Committee
of the Book and Periodical Council
The Book and Periodical Council (BPC)
is the umbrella organization for Canadian Everyone has the following fundamental
associations that are or whose members
freedoms… thought, belief, opinion, and
are primarily involved with the writing,
editing, translating, publishing, producing, expression. —Canadian Charter of Rights and Freedoms
F
distributing, lending, marketing, reading
and selling of written words. REEDOM OF EXPRESSION IS A FUNDAMENTAL RIGHT OF ALL
Canadians, and freedom to read is part of that precious heritage. Our
MEMBERS 2019–20 Committee, representing member organizations and associations of the
› Access Copyright Book and Periodical Council, reaffirms its support of this vital principle and
› Alberta Magazine Publishers Association opposes all efforts to suppress writing and silence writers. Words and images
› Association of Book Publishers of British in their myriad configurations are the substance of free expression.
Columbia The freedom to choose what we read does not, however, include the free-
› Association of Canadian Publishers dom to choose for others. We accept that courts alone have the authority to
› Association of Manitoba Book Publishers restrict reading material, a prerogative that cannot be delegated or appro-
› Atlantic Publishers Marketing Association priated. Prior restraint demeans individual responsibility; it is anathema to
› BookNet Canada freedom and democracy.
› Book Publishers Association of Alberta As writers, editors, publishers, book manufacturers, distributors, retail-
› Canadian Authors Association ers and librarians, we abhor arbitrary interpretations of the law and other
› Canadian Children’s Book Centre attempts to limit freedom of expression.
› Canadian Copyright Institute We recognize court judgements; otherwise, we oppose the detention,
› Canadian Publishers’ Council seizure, destruction or banning of books and periodicals—indeed, any effort
› Canadian Society of Children’s Authors,
to deny, repress or sanitize. Censorship does not protect society; it smothers
Illustrators and Performers
creativity and precludes open debate of controversial issues.
› Canadian Urban Libraries Council
Endorsed by the Book and Periodical Council
› Editors Canada
February 5, 1997. Reaffirmed on February 28, 2017.
› Indexing Society of Canada
› League of Canadian Poets
› Literary Press Group of Canada BIENVENUE AUX FRANCOPHONES!
Sur notre site Internet, vous trouverez plusieurs documents qui complètent la
› Ontario Book Publishers Organization
présente publication :
› Ontario Library Association
• une liste d’ouvrages en français traitant de la censure canadienne;
› The Word on the Street Toronto • une étude bilingue des 58 733 oeuvres retenues aux douanes et des 19 437 inter-
› The Writers’ Union of Canada dictions décrétées par l’Unité des importations prohibées de 1985 à 2018;
› Writers’ Trust of Canada • une chronologie, divers essais et une compilation de plus de 650 victimes de
censure, ainsi que de quelque 1250 titres disponibles en français qui leur ont valu
AFFILIATES 2019–20 des attaques depuis 1625 au Canada — l’écrivain Charles Montpetit, lui-même
› Accompass frappé de maintes interdictions, relate les faits saillants entourant chacun de ces
› Calyx Ground Transportation Solutions cas, et invite le public à lui signaler d’autres incidents en prévision d’éventuelles
› Canpar Courier mises à jour.
› Fraser Direct Distribution Services Tous ces documents sont accessibles grâce aux liens fournis sur notre page d’accueil
› Georgetown Terminal Warehouses (freedomtoread.ca), et peuvent être téléchargés sans frais. Bonne lecture!
› Marquis Book Printing Inc.
› Universal Logistics
To Order Reviews and Posters
The Freedom to Read kit (review plus folded poster) may be ordered from the Book and
BPC EXECUTIVE Periodical Council for $12.50 plus shipping, handling and HST. Orders for 10 kits or more,
› Interim Chair: Sandy Crawley shipped to a single address, receive a 20% discount and may be accompanied by a purchase
› Vice-Chair: Marg Anne Morrison order. Flat, rolled, full-colour posters are available for $12.00 plus shipping, handling and HST
› Past Chair: Anita Purcell (GST/HST#R106801889). All orders are non-refundable.
› Treasurer: Marg Anne Morrison Book and Periodical Council
192 Spadina Avenue, Suite 107, Toronto, Ontario M5T 2C2
BPC STAFF Phone 416-975-9366 | Fax 416-975-1839
› Executive Director: Anne McClelland Email info@theBPC.ca | Web freedomtoread.ca | theBPC.ca
4 F re ed om to Re a d 2020 @FreedomToReadWeek @Freedom_to_Read
In the News
True Stories About the Freedom to Speak, Read and Write by Franklin Carter
Speaker Attracts Noisy Protest in Toronto Nova Scotia Seeks to Build Commercial
charter to counter online hate speech,
Website in the People’s Republic of China
When Meghan Murphy delivered a misinformation and interference with
speech in a Toronto library, hundreds of In 2019, while courting greater trade democratic elections. He spoke at
people showed up to protest the event. between Nova Scotia and the People’s VivaTech, a conference of the world’s
Murphy, the founder and editor of Republic of China, Nova Scotia’s gov- technology leaders.
Feminist Current, spoke to an audience ernment announced a plan to build a On May 29, while attending the
inside a branch of the Toronto Public “100% China-friendly” website in China. Open Government Partnership Sum-
Library (TPL) on October 29, 2019. On August 9, Nova Scotia Business mit in Ottawa, Mr.
She talked about the impact of gender Inc. (NSBI), a government agency, Trudeau talked
identity politics on the law, society and asked web designers to submit propos- about the dangers
especially women. als to build the website. NSBI wants of regulating social
Outside the library, demonstra- it to attract Chinese investors to Nova media. Government
tors—including many members of Scotia and find sales opportunities in regulation should
sexual minorities—protested Murphy’s China for Nova Scotia’s businesses. be the last resort, he
views about transgender women and The website also had to comply with said. Instead, gov-
the TPL’s decision to give Murphy a Chinese government censorship. NSBI ernments should
place to speak. required web designers to have the work with tech-
Murphy’s critics accused her of pro- “expertise to navigate China’s digital nology firms and
moting transphobia and hate speech. restrictions.” The website had to be citizens to curtail
She denied the accusations. free of links to blocked websites. the worst aspects of Prime Minister
Justin Trudeau of Canada
The TPL, which had faced pressure to Chinese government censors block social media.
cancel the event, found no legal reason foreign websites that criticize the
U.S. Library Association Names
THE PRIME MINISTER. © HER MAJESTY THE QUEEN IN RIGHT OF CANADA, 2019
to cancel and allowed Murphy to speak. People’s Republic. They include the
Most Challenged Book
SOURCE: PHOTO BY ADAM SCOTTI. PHOTO PROVIDED BY THE OFFICE OF
websites of Western news agencies.
Ontario Court Shuts Down Radical Paper
Nova Scotia hoped to launch its In 2018, the most frequently chal-
In Toronto, a judge in the Ontario website in early November 2019. lenged book in U.S. public libraries
Court of Justice sentenced two men was Alex Gino’s George, reported the
Prime Minister Trudeau
for wilfully promoting hatred against American Library Association (ALA).
Addresses Internet Threats
women and Jews. This children’s book tells the fictional
On August 29, 2019, Justice Richard In May 2019, Prime Minister Justin story of Melissa, a transgender girl,
Blouin sentenced LeRoy St. Germaine, Trudeau spoke about the need to whom the world sees as George.
the publisher of Toronto’s Your Ward counter online threats to society. Americans who sought to ban
News, to 12 months of strict house arrest. Earlier in the year, on March 15, George believed the book encouraged
A week earlier, on August 22, Jus- an Australian gunman murdered 51 children to clear their browser histor-
tice Blouin sentenced James Sears, the people and injured dozens more in two ies and use hormones to change their
paper’s editor, to one year in prison. He mosques in Christchurch, New Zealand. bodies. Other objections included
was released on bail. The gunman also transmitted video of references to “dirty magazines,” male
St. Germaine and Sears, who had his attack in real time on Facebook. anatomy and a transgender character.
been convicted of promoting hatred in On May 15, Mr. Trudeau, Prime Min- George appeared on the ALA’s list
January, appealed. ister Ardern of New Zealand, President of most frequently challenged books in
Your Ward News, which billed itself Macron of France and other leaders met 2017 and 2016 too, although the book
as “the world’s largest anti-Marxist in Paris, France, where they announced didn’t occupy the top spot.
publication,” routinely mocked pol- the Christchurch Call to Action. They In 2018, the ALA’s Office for Intellec-
itical correctness, ethnic and sexual “pledged to eliminate terrorist and vio- tual Freedom tracked 347 challenges to
minorities, human rights commissions lent extremist content online” but also library, school and university materials
and public figures such as Prime Minis- to maintain “fundamental freedoms, and services. A few challenges entailed
ter Justin Trudeau. including freedom of expression.” requests to restrict or remove many
The paper has ceased publication. On May 16, while still in Paris, Mr. titles. Throughout the year, 483 books
Most of its online content has Trudeau announced the Canadian were reported challenged or banned in
disappeared. government’s plan to introduce a U.S. public libraries, the ALA said.
freedomtoread.ca F re ed om to Re a d 2020 5
front lines
Inclusion v. Censorship
Looking at Challenges to Canadian Libraries in 2018–19 by Todd Kyle
L
IBRARIES CONTINUE TO RECEIVE CHALLENGES TO MATERIALS THAT material, program or policy, and in-
some patrons think depict excessive violence or are sexually explicit, formed the complainant. Other actions
inaccurate or inappropriate for children. People are also concerned about included relocating or restricting an
sensitive issues such as racism and sexual assault, and many want libraries to fol- item or changing a policy.
low suit—even if it means denying fellow users access to different viewpoints. The reasons for the challenges
reflect interesting changes in contem-
This lesson is what we learned from media. Many people opposed speakers porary Canadians’ views and recent
the most recent Annual Challenges at public libraries. Although 115 titles, social trends.
Survey, a project of the Canadian services and policies were challenged, On the more conservative side,
Federation of Library Associations– the number of individual complainants interesting examples of challenges
Fédération canadienne des associations exceeded 700. include two objections to library events
de bibliothèques (CFLA–FCAB). For For 2018–19, libraries reported a total featuring drag queens reading stories to
the 13th consecutive year, libraries re- of 96 challenges to 69 titles, services young children. This type of program
ported challenges that were submitted and policies. Unlike challenges in 2017, has become common across North
or expressed by people in their com- challenges in 2018–19 were largely made America in recent years. It has been
munities to particular library materi- through informal complaints to staff lauded for promoting inclusion and di-
als, services or policies. In most cases, or formal request-for-reconsideration versity, but it has also sparked vehement
complainants requested that libraries submissions. A large portion (62.5%) objections from citizens and politicians,
remove, restrict or prevent access to were challenges to materials, includ- particularly in the United States.
certain resources. ing books, movies and magazines. A One complainant stated that the
The survey covered the period from smaller portion (37.5%) were chal- programs were “introducing a diver-
January 2018 to July 2019. (In 2019, the lenges concerning library services gent sexual lifestyle to impressionable
CFLA–FCAB’s Intellectual Freedom (including programs and a room rent- children in the guise of reading with a
Committee changed the collection al policy), Internet access and user princess.” The same patron said, “Drag
period from the calendar year to the privacy concerns. queens belong in nightclubs, not public
school year.) Participation in the sur- Most challenges were filed by indi- libraries.” Another challenge, received
vey is voluntary, and the results should vidual patrons, but a few were submit- from a politician, likened the program
not be considered comprehensive. ted by library staff and local groups. to “child abuse.” The programs were
Nevertheless, they provide an inter- One was filed by a politician, and one not cancelled.
esting reflection of social trends and was even filed by the library itself. (It A speaker at a public library event
Canadians’ changing views. felt that a program planned in part- was the subject of negative Facebook
While many challenges reflected nership with a community group did comments and one email complaint.
relatively conservative views and not provide balanced viewpoints.) As Anita Sarkeesian is a feminist who
conveyed objections to sexual or in 2017, public libraries were the main has received considerable harassment
violent content, an increasing number target of challenges; more than 98% of online for her critique of video game
of challenges seemed to come from a complaints occurred there. culture. One comment even used the
desire for equity, diversity and inclu- The actions requested by complain- emoji for vomiting. The program went
sion. Content viewed as racist, hateful ants and the responses of the libraries ahead as scheduled.
or insufficiently sympathetic toward a bear examination. Most complaints On the other side of the culture
marginalized group—and, in particu- requested the removal of the material wars, challenges came from more liber-
lar, content viewed as perpetuating or cancellation of the program in ques- al, equity-oriented viewpoints.
stereotypes of Indigenous peoples— tion, but some requested relocation A French-language children’s
was the subject of roughly 12 challen- of, restriction of, or warnings on the picture book, Les papas de Violette by
ges. The survey results reflect a degree material. Other complaints requested Émilie Chazerand, was challenged
of political polarization; you could say changes to policy. While the survey because, in the complainant’s opinion,
that libraries are not untouched by the did not ask libraries to indicate their it was not progressive enough in its
ongoing culture wars. responses, 14 shared this information. depiction of a family with two fathers.
As reported in last year’s Freedom to The most common action was no A library patron challenged the book
Read review, the 2017 survey featured action: libraries, usually after pro- It IS About Islam: Exposing the Truth
many challenges received via social fessional consideration, retained the About ISIS, Al Qaeda, Iran, and the
6 F re ed om to Re a d 2020 @FreedomToReadWeek @Freedom_to_Read
front lines
complainant indicated that the book
contained inaccurate scientific infor-
mation. In another challenge, a library
patron felt that the magazine China
Today was biased, giving an almost
propagandized view of modern China.
In both challenges, the patrons wanted
the materials removed from the library.
PHOTO: CHRIS CHAN PHOTOGRAPHY
In a reflection of a recent push for
“the right to be forgotten” and more
online privacy, a patron asked that her
birth announcement, which contained
her date of birth and her parents’
names, be removed from a digitized
page of the local newspaper that the
library had made available online.
In January 2018, Anita Sarkeesian spoke at the Edmonton Public Library about online harassment. Finally, in a reflection of increasing
demands for sensitivity toward sacred
Caliphate by conservative commentator pretending to scalp another charac- practices, a religious group requested
Glenn Beck because the patron felt the ter. The Disney DVD Pocahontas was the removal of the Guru Granth Sahib,
content was Islamophobic. Another challenged; the complainant said it the Sikh holy book, because it could
patron challenged The God Delusion was “inappropriate as it relates to the not be treated with proper respect in a
by atheist Richard Dawkins because, depiction of Indigenous people.” library setting.
the patron claimed, the author had The charge of racism—in this case Although we don’t have complete
elsewhere expressed objectionable anti-Black—was also levelled against a data about how libraries responded to
views on other topics. An even broader library screening of the film To Kill a the complaints that they reported, we
challenge (one of two likely inspired by Mockingbird. The complainant pointed may reasonably presume that libraries
the #MeToo movement) demanded that out that several schools have stopped continue to try to be as inclusive as
all material written or performed by using the book that the film is based on. possible. They rarely remove a chal-
comedian Bill Cosby, who had recently Speaker challenges were relatively lenged item or cancel a challenged
been convicted of sexual assault, be infrequent, but a significant one—likely event, and only sometimes restrict
removed because he was a “serial rap- prompted by the #MeToo movement— or relocate materials to give users
ist.” All three incidents reflect a trend occurred. A library received two more guidance. Ideally, libraries take
to challenge materials not so much for emailed complaints about an event that challenges as opportunities to open
their content but for the actions and featured defence lawyer Marie Henein. a dialogue with their patrons about
reputation of their creators. The complainants objected to Henein’s diversity and the role of libraries and to
Charges of racism against In- defence of disgraced former broadcast- communicate how intellectual freedom
digenous people were levelled in five er Jian Ghomeshi; they didn’t want her benefits everyone. Many libraries also
complaints; they may reflect growing made into an inappropriate “source of take the opportunity to reconsider
public awareness of Indigenous issues. forward thinking, specifically in regard challenged materials in light of their
In all cases, the challenged materials to victims of sexual abuse.” collection or programming policies.
were for children, and the complaints Some challenges raised questions In the future, the balance between
focused on images that were said to that parallel other trends and contro- including a broad set of viewpoints—
perpetuate stereotypes. For example, versies in Canadian society. A chal- including those that might be
the picture book A Time to Keep by lenge was mounted against the book controversial or unpopular—and
Tasha Tudor (published in 1977) was The Unvaccinated Child: A Treatment ensuring that patrons do not feel
challenged because of an image of a Guide for Parents and Caregivers by their human rights are diminished will
child dressed as an Indigenous person Judith Thompson and others; the present a challenge to libraries
in Canada.
Find More Survey Results Todd Kyle is the vice-chair of the CFLA–FCAB.
Results of the Annual Challenges Survey dating back to 2006 are available on
Email him at tkyle@newmarketpl.ca.
the website of the Canadian Federation of Library Associations–Fédération
canadienne des associations de bibliothèques (CFLA–FCAB). Visit Special thanks go to Rina Hadziev, the
cfla-fcab.ca/en/programs/intellectual-freedom-challenges-survey/. executive director of the Centre for Equitable
You can also email info@cfla-fcab.ca. Library Access, for compiling and analyzing
the survey results.
freedomtoread.ca F re ed om to Re a d 2020 7
front lines
Still Fighting for Press Freedom
Journalist Justin Brake’s Legal Battle Enters Its Fourth Year by Grant Buckler
O
N OCTOBER 22, 2016, JUSTIN after the civil charge disappeared, the Even if Brake is ultimately acquitted,
Brake was covering protests at criminal charges would follow. It wasn’t she said, “the fact that the charges were
the Muskrat Falls hydroelec- that easy. In September, Brake’s lawyer even brought against him certainly has
tric project in Labrador for the online filed a challenge under the Charter of a chilling effect on other journalists.”
news agency The Independent. When Rights and Freedoms, asking for both Pugliese—who was for a time
protesters broke a lock and entered the charges to be dropped. In early Novem- Brake’s boss after he moved from The
property of provincial Crown corpora- ber, the Crown dropped the charge of Independent to the Aboriginal Peoples
tion Nalcor Energy, Brake followed his disobeying a court order, but Provincial Television Network, where she was
story, entering with the protesters. Court Judge Phyllis Harris reserved executive director of news and current
A previous court order already judgment on Brake’s lawyer’s request to affairs until August 2019—said that
barred protesters from the site, but drop the mischief charge. A decision is effect has already happened. Speaking
three days later, a provincial Supreme expected in December 2019. of her time at APTN, she said, “things
Court judge issued another, nam- Commenting in August, before one my reporters were doing every single
ing Brake as well as the protesters. criminal charge was dropped, Peter day were suddenly changed.”
The order did not identify Brake as a Jacobsen, a Toronto media lawyer and And Brake’s case isn’t the only one.
journalist. He left the site that day. But chair of Canadian Journalists for Free “We have been noticing a pattern
Brake’s departure didn’t stop him from Expression’s Canadian Issues Commit- of police pushing on access,” said
facing criminal charges of mischief and tee, said it was “very hard to under- Pugliese. For example, John Hueston
disobeying a court order and a civil stand” the Crown’s decision to proceed and Brett Hueston, publisher and editor
contempt charge. with criminal charges in light of the respectively of the Aylmer Express, an
Three years later, one criminal Court of Appeal’s decision. Jacobsen Ontario community newspaper, were
charge remains outstanding—even added that Brake “was exercising his arrested and charged while on the scene
though the Newfoundland and constitutional right, as a journalist,” to of a car accident in June 2017. They were
Labrador Court of Appeal dismissed cover a conflict between Indigenous investigating the possibility that the ac-
the civil charge in March 2019. The people and the Crown. cident had resulted from a police chase.
court ruled that Brake was doing his That’s why the case is so important, They were acquitted in October 2018.
job and added that historic under- said Karyn Pugliese, national director And Thomas Rohner, an Iqaluit
representation of Indigenous people in and president of the Canadian Asso- journalist, was banned from visiting
the news media—most of the protesters ciation of Journalists, in an interview. jails in Nunavut in December 2018
were Indigenous—made media free- “We’ve got to be able to be present, and after writing critical stories about the
dom to cover Indigenous land issues we’ve got to be able to report.” Baffin Correctional Centre. The ban
especially important. When he arrived with the protest- was lifted in May.
Press freedom and media groups ers, Brake said, Nalcor workers were on In those cases, attempts to use the
hailed the decision. Many believed that the site. Some media outlets reported law to curb journalistic access ultim-
concerns voiced by Nalcor about its ately failed. Brake hopes for the same
workers’ safety. Brake reported from result. He is optimistic that the dis-
inside that—despite some workers’ missal of the civil charge and its strong
concerns about losing work and pay— statement of the importance of press
the scene was peaceful, even friendly. freedom will be the case’s lasting legacy.
He added that his presence could have “I know that what I did was jour-
helped keep it that way. “We know nalism, and if anyone wants to try to
from history that when there aren’t criminalize that journalism, then that’s
PHOTO: JAMIE PASHAGUMSKUM/APTN
journalists present, police have actually not good for democracy,” Brake said.
shot and killed Indigenous protesters.” “But I also think they’re going to come
“He should absolutely not be treat- out on the wrong side of history.”
ed as a criminal for doing his job,” said
Daphne Pellegrino, North America Grant Buckler is a retired journalist who
advocacy manager for Reporters volunteers for Canadian Journalists for Free
Without Borders in Washington, D.C., Expression and J-Source. He lives in
Justin Brake
in an interview. Kingston, Ont.
8 F re ed om to Re a d 2020 @FreedomToReadWeek @Freedom_to_Readfront lines
“An Insurmountable Obstacle”
A Quebec Court Interprets the Province’s Press Act by Mark Lindenberg
E
ARLY IN 2019, QUEBEC’S newspaper and who wishes to claim contains, would distort the legislators’
Court of Appeal ruled unani- damages” the ability to sue, as long as intention, she wrote in the ruling.
mously that the Quebec Press Act, the plaintiff does so “within the three The Court of Appeal decided that
which was written in 1929 to protect months following the publication of the Press Act (and its three-month
the reputations of citizens and the free- such article” or up to three months after deadline) applied to the newspaper but
dom of newspapers, does not protect becoming aware of the article and as not to online news.
articles published on the Internet. long as damages are claimed within one Because publications on the Inter-
On February 18, the court’s judg- year following the article’s publication. net remain more easily accessible than
es—Allan R. Hilton, Simon Ruel Claiming that the 2012 article those in print, “plaintiffs would now
and Suzanne Gagné—rendered their “contained defamatory statements, have up to a year, [after gaining] know-
verdict on a dispute named Guimont misinformation and, on the whole, ledge of the article, to sue,” said Mark
v. Bussières. The ruling surprised some even incited hatred toward the plain- Bantey, a lawyer based in Montreal.
observers who noted that the courts of tiffs,” Roch and Constance Guimont Bantey noted that, because of the
appeal in Ontario and Prince Edward sued Gesca—the owners of lapresse.ca ruling, the “protections set out in
Island had ruled to extend the protec- —as well as Le Soleil and reporter Ian Sections 3, 4 and 8 would no longer
tion of their press acts to news articles Bussières for $500,000 in Quebec’s be available [to news articles on the
on the Internet. Superior Court. Internet].” Respectively, these allow
How did Quebec’s Court of Appeal They argued that Section 9 of the the “newspaper to rectify or retract the
reach its conclusion? act applied: “No newspaper may avail article complained of,” address the lim-
itself of the provisions of its of liability and permit the injured
[the] Act … when the party party to exercise the right to reply to
(LICENSED UNDER CC BY-SA 3.0)
PHOTO: SYLVAINBROUSSEAU
who deems himself injured is any retraction.
VIA WIKIMEDIA COMMONS
accused by the newspaper of Peter Black—a newspaper colum-
a criminal offence.” The judge nist, former CBC journalist and Quebec
rejected the suit because he City resident—expressed surprise that
could find no such accusation the legislature had not debated and up-
in the article and because the dated the Press Act earlier. “The digital
claim fell under Section 2 of shift [from television and printed news
the Press Act. The Guimonts to the Internet] has been happening for
appealed. at least 20 years,” he said. “This is clear-
In the Court of Appeal, Jus- ly an example of law needing to catch
tice Suzanne Gagné rejected up with the rapidly changing reality of
the appeal. “Does the Press Act digital media.”
apply to an article published Justice Gagné and her colleagues,
on a 24-hour news website?” aware of the limits of the law, say: “In
Quebec’s Court of Appeal ruled on she wrote. “One must conclude the digital and social media era, the
the dispute in Quebec City.
that it does not. The definition Press Act and the Newspaper Declara-
In 2012, Quebec City’s Le Soleil of the word ‘newspaper’… [is] an insur- tion Act no doubt need an update, but it
newspaper published an article, writ- mountable obstacle.” is up to legislators to see to that” and to
ten by Ian Bussières, about the rejec- In the Newspaper Declaration Act, “decide what protection to grant digital
tion of a $1 million lawsuit that Roch a “newspaper” must be “in detached media and to stipulate the procedures
Guimont brought against Quebec City pieces.” The paper medium is im- necessary for its implementation.”
in 2011. Four years and nine months portant to the legal definition and the In the meantime, the only way to
after the article’s publication, in June court’s decision. contest the ruling is by appealing
2016, Guimont and his mother, Were the Press Act of 1929 to apply to the Supreme Court of Canada,
Constance Guimont, discovered the to 24-hour news websites, Justice Ga- Bantey said.
article online, at lapresse.ca. gné wrote, it could enable radio or tele-
Section 2 of the Press Act affords vision stations to avail themselves of Mark Lindenberg is a writer, translator and
“[e]very person who deems himself the act’s provisions. Giving such a wide editor based in Quebec. Visit
injured by an article published in a scope to the act, and the protections it LindenbergInk.com.
freedomtoread.ca F re ed om to Re a d 2020 9spotlight
Champion of Free Expression
David Eby on British Columbia’s New Anti-SLAPP Law by Mark Leiren-Young
I
N 2005, DAVID EBY WAS STARTING matter of public interest.” The deter- Eby’s impending fatherhood, and he
his legal career when he was threat- rent in SLAPPs usually has less to do backed John Horgan for the job. When
ened with a lawsuit over comments with the chance of losing the lawsuit Horgan became premier in 2017, Eby
that he’d made about a death. The than the cost of fighting it. was named attorney general.
police were involved. Eby was working In British Columbia, environment- Eby is originally from Kitchener,
for the Pivot Legal Society— al groups and activists are regularly Ont. His mother was a teacher and his
a Vancouver-based organization threatened with SLAPPs—or hit with father was a personal injury lawyer.
formed to use legal means “to address SLAPP suits—for challenging projects At a university protest, Eby watched
the root causes of poverty and social such as pipelines, mines and fish farms. lawyers teach activists how to deal
exclusion”—and he was certain his Leaning back in a chair at the head with being arrested and was inspired to
comments were true. “I got a defam- of a boardroom table in the B.C. gov- go to law school. He was also inspired
ation threat from the police commis- ernment’s cabinet office overlooking to write The Arrest Handbook: A Guide
sioner and withdrew my comments, but the Vancouver waterfront, the lanky to Your Rights.
refused to apologize.” (six foot seven inch) 43-year-old smiles Eby studied law at Dalhousie
Eby learned two vital lessons. and laughs often as he talks about his University in Nova Scotia before he
“One was positive in that I learned history with free expression issues. worked for Pivot from 2003 to 2008.
to be extremely careful to back up Eby is one of British Columbia’s He was called to the bar in 2005. After
everything that I said 100% with docu- brightest political stars. When the B.C. leaving Pivot, Eby spent four years
mentary proof,” says Eby. “The second NDP was looking for a new leader after as executive director of the British
piece that I took away from it was wow: an unexpected election loss in 2013, Columbia Civil Liberties Association
it was remarkably easy for that office to Eby was considered the top contender. (BCCLA), where he worked on numer-
shut down our comment.” The leadership race coincided with ous freedom of expression cases.
Eby is now British The organization was on
Columbia’s attorney gener- the front lines of censorship
al, and the Book and Period- battles between Canada
ical Council has named him Customs and Little Sister’s
its 2020 champion of free Book and Art Emporium,
expression for passing a law Vancouver’s gay and lesbian
that will make it a lot harder bookstore. The BCCLA and
to shut down those types Little Sister’s fought their
of comments. first court battle to stop gov-
One of the most effect- ernment book seizures at the
ive and insidious forms of border in 1994.
censorship is making it im- Eby was also at the
possible to tell a story. The BCCLA for some strange free
threat of suing for defama- expression fights that took
tion is often enough to scare place during the Vancouver
PHOTO COURTESY OF THE PROVINCE OF BRITISH COLUMBIA
off journalists—or their 2010 Olympics.
employers—before they’ve “We did a lot of work
published a word. around the Olympics and
These threats—which are free expression—in particu-
also used to silence non- lar anti-Olympic speech—so
governmental organiza- people wouldn’t be subject to
tions, advocacy groups and trademark litigation or threats
activists—are known as stra- because they had a restaurant
tegic lawsuits against public that was called Olympic Pizza
participation (SLAPPs). or they used the Olympic rings
Eby explains the concept: in their protest signs,” he says.
“It’s a lawsuit that’s filed to While at the BCCLA,
silence somebody on a Eby fielded so many requests
10 F re ed om to Re a d 2020 @FreedomToReadWeek @Freedom_to_Readspotlight
media and truthiness is defining jour-
nalism. “There’s nothing in the act that
says this has to be a capital J journalist
REPRODUCED WITH PERMISSION OF THE PROVINCE OF BRITISH COLUMBIA
and a capital P publication,” says Eby.
“There is a lot of free speech in
PHOTO © PROVINCE OF BRITISH COLUMBIA. ALL RIGHTS RESERVED.
Canada, but this defamation piece
was a notable exception. People with
means, who are motivated, could really
shut down negative news stories or
people who were saying things that
they didn’t like about them on the
Internet,” says Eby. There wasn’t “any
kind of counterbalance.”
But things have changed. “[We can]
say, ‘Hold on a sec. Is this a proper use
of the courts to shut down this kind of
speech?’ I think we’ve got that now.”
Mark Leiren-Young (leiren-young.com) is
an author, playwright, satirist and host of
to fight SLAPPs that the association The new law allows journalists to the Skaana podcast about ocean issues. His
began championing the creation of argue that they are speaking out on a most recent book is Orcas Everywhere. Mark
anti-SLAPP legislation. matter of public importance and that the first joined the Book and Periodical
B.C.’s NDP government passed harm in allowing a lawsuit to go ahead Council’s Freedom of Expression Committee
Canada’s original anti-SLAPP law in outweighs the benefit to the public. to represent the Playwrights Union of
2001. After the party was ousted from The court is supposed to look at a Canada in 1999. He now represents the
government later that year, the B.C. question, Eby says. “Is this journalism, Writers’ Union of Canada.
Liberals overturned the legislation. or is this just an expletive-laden blog
Eby says the 2001 law was flawed. “You post that has no reasonable chance
had to actually show that the person of being true, or is this speech that B.C.’s Protection of
who was suing you had a bad motive … should be protected against these
which is obviously a very difficult thing kinds of lawsuits?” Public Participation
to prove.” The law doesn’t consider whether a Act
In 2019, Eby’s Protection of Public story is true or defamatory.
Participation Act addressed that flaw. “The idea is to re-weight the scales Under the law, which received
He used older, related legislation in to say, We think it’s more important royal assent on March 25,
Ontario as a guideline. that there be free and open discourse 2019, a defendant may apply
In 2019, B.C.’s legislature unani- about these things—even if it means to the court to dismiss a lawsuit
mously passed Eby’s law. This achieve- that someone’s reputation is briefly or because it impinges on the
ment is almost unheard of in British slightly or temporarily or even perma- defendant’s ability to speak
Columbia, where it’s challenging to nently affected by it—because it’s more freely on a matter of public
get the opposing parties to agree on important to have freewheeling debate interest.
the weather. than it is to restrict people in advance If the court agrees, then it
It likely helped that several of of speaking about important issues in a
will dismiss the lawsuit, unless
Canada’s most eminent jurists— democracy,” Eby says.
the plaintiff can satisfy the court
including two former federal Supreme Often the threat of a lawsuit is just
that the harm that the plaintiff
Court justices—wrote an open letter a threat, but the targeted person or
advocating anti-SLAPP legislation. group can’t afford the cost of calling
would likely suffer as a result of
Another open letter which supported the bluff. “The reality is a lot of let- the defendant’s speech would
the legislation was signed by writers’ ters get written and very few lawsuits outweigh the public interest in
organizations such as PEN Canada actually get filed,” says Eby. “My hope protecting it.
and the Writers’ Union of Canada, is that the legislation gives some more The act further protects
more than two dozen environmental confidence to people who receive these public participation by allowing
groups, the BCCLA, Amnesty Inter- threatening letters.” the court to fully indemnify the
national Canada and the Union of One challenge for any law dealing defendants for costs.
British Columbia Indian Chiefs. with journalism in the age of social
freedomtoread.ca F re ed om to Re a d 2020 11spotlight
Fifty Years of
Defending Queer Expression
Glad Day Bookshop Celebrates a Milestone Anniversary by Marcus McCann
This article was adapted from a speech that Marcus McCann gave at Glad Day to watch anything and everything.
Bookshop in Toronto on February 27, 2019, during Freedom to Read Week. Only the public wasn’t allowed to.
A second lesson: we cannot care
G
LAD DAY IS AN INTERESTING books bound for gay and lesbian book- about the passage of books but not
place to talk about censorship. stores in 1990 were detained. people at the border. The border
Three of its staff have been con- Glad Day challenged these confis- continues to be a site of terror and
victed of criminal obscenity for stock- cations in what became a 20-year legal torment for many: transgender and
ing queer material. The first was Kevin battle. In 1987, the bookstore success- non-binary, non-status, Muslim and
Orr in 1983. Orr was charged with fully challenged the seizure of The Joy HIV-positive people. Border reform is
possession of obscene material—two of Gay Sex. The District Court of urgently needed.
magazines named The Leathermen and Ontario Finally, these battles highlight the
PUBLISHED BY FIRESIDE/SIMON AND SCHUSTER, 1978
Come Watch—for the purpose of sale. found that fact that sexuality is an important part
He was found guilty on March 4, 1983, anal sex was of expression that is often censored.
and granted a conditional discharge integral to Sexual expression, especially queer
with two years’ probation. gay men’s expression, can break down the sexual
John Scythes and Thomas Frank Iv- sex. Judge monolith, provide examples of benign
ison, Glad Day’s owner and manager, Bruce sexual variation and alleviate the lone-
respectively, were later convicted in Hawkins liness of desire. Sexual expression is an
the 1990s for distributing Bad Atti- wrote: “To integral part of human flourishing. This
tude, a lesbian erotic magazine with write about is the unfinished business of decisions
BDSM themes. homosexual like the Bad Attitude case.
However, Glad Day did not set out to Image courtesy of practices Approximately half of the most
Jearld F. Moldenhauer
be a hero of freedom of expression. The without often challenged books in Canadian li-
battles came to the bookstore, not the dealing with anal intercourse would be braries are non-sexual LGBTQ-themed
other way around. equivalent to writing a history of music books: children’s books with queer and
A police officer came to Glad Day and omitting Mozart.” trans characters or themes. For me,
to rifle through its wares. In the case Another area where Glad Day had a this lays it bare: any idea that LGBTQ
of Bad Attitude, the police confiscated legal impact was film censorship. Glad people can “clean up,” presenting only
the magazine on site and then waited Day successfully challenged a section of non-sexual images and being safe from
almost a month to return and lay char- the Theatres Act which required films censorship, is bogus. Our lives continue
ges. Scythes, Ivison and Glad Day were to be submitted to the censor board be- to be so offensive that any depiction of
charged on April 30, 1992, and all were fore they could be shown or distributed them is still worthy of censorship.
convicted on February 16, 1993. There in Ontario. The Ontario Superior Court I take this history as a call to vig-
was no jail time, but the store was fined of Justice found that it was incredibly orously defend queer expression from
$200 and got a criminal record. invasive to require folks to show their state oppression: the seizure of books,
Another important site of resist- films to the government before they magazines and films; fines; and the risk
ance, from a legal standpoint, was could be released. of jail time. We must defend freedom
the Canadian border. Once again, One lesson of these legal battles is that of expression, but note: such a defence
Glad Day did not seek a fight over censorship is never about whether any- does not mean that we owe our adver-
the seizure of imported books. Can- one should be able to read or see some- saries a platform to attack us, and we
ada Customs had a watch list which thing. It’s about who can read or see it. need not refrain from criticizing them
included many gay and lesbian book- Customs officials: yes. Willing audience: when they say stupid things in public.
stores. During the 1980s, there were no. Judges and lawyers: yes. Public: no. I have no doubt that Glad Day will con-
400 to 500 seizures at the border. Tom A poignant example: under the tinue to be a part of this vital story.
Warner, author of Never Going Back: Theatres Act, films had to be vetted. The
A History of Queer Activism in Canada government had to set up a whole office Marcus McCann is an employment and hu-
and a former Ontario human rights of bureaucrats who watched films all man rights lawyer who owns part of Glad Day
commissioner, estimates that 75% of day. They were allowed, even required, Bookshop. Visit gladdaybookshop.com.
12 F re ed om to Re a d 2020 @FreedomToReadWeek @Freedom_to_Readspotlight
A Message from
Glad Day’s Founder
Glad Day Bookshop, as well as all other
gay and lesbian bookshops, helped create
a community. As homosexuals, most of us
grew up as isolated individuals, without the
support of family or like-minded people.
Literature, therefore, played a unique role in
connecting us to each other and giving us
a voice in society. Together we have been
able to change our circumstances and alter
the course of political and social evolution
in the societies where we have been able to
organize.
For about a decade, the Canadian gov-
ernment sought to destroy Glad Day and the
other gay and lesbian bookshops by banning
much of our literature and seizing, even de-
stroying, thousands of gay books, magazines,
PHOTO: JACLYN LAW
films and greeting cards. At the time, I called it
cultural genocide. The terminology shocked
many who didn’t understand how literature
played a major role in not only bringing us
together as a community, but in helping
us forge the political muscle necessary to
change laws and bring about greater social
1970Jearld Moldenhauer founds Glad Day distributing a film that had not been approved
E
equality. In addition, gay studies have given
because of the lack of gay literature in Toronto by the Ontario Film Review Board.
us depth and perspective in understanding
bookstores. He initially sells books out of his April 30, 2004Scythes and Glad Day the forces behind our oppression as well as
backpack. Moldenhauer eventually sets up successfully appeal their conviction. Justice the history of countless individual gays and
shop in an apartment at 65 Kendal Avenue.
Russell Juriansz of the Ontario Superior Court lesbians and their contributions to society.
1981Glad Day moves to 598A Yonge Street, of Justice finds that “the statutory scheme that Glad Day may have begun out of a
where patrons must walk up a flight of stairs to
N
requires the Board’s approval before films can backpack full of books carried on a bicycle,
reach the second-storey retail space. but it was my dream to one day be able to
be distributed or exhibited in Ontario violates
April 21, 1982Kevin Orr, a young employ- the Canadian Charter of Rights and Freedom’s purchase a building to help give the book-
ee, is charged by a senior morality officer [sic] guarantee of freedom of expression.” store more permanence. That dream was
with possession of obscene material—two shattered by the censorship wars set into
magazines named The Leathermen and March 29, 2009When New York City’s
motion by Prime Minister Brian Mulroney
Come Watch—for the purpose of sale. Orr is Oscar Wilde Bookshop closes, Glad Day
and his notorious Memorandum D9-1-1.*
I
convicted later of criminal obscenity, but the becomes the oldest surviving LGBTQ book- It is nothing short of an amazing dream
decision is overturned on appeal. store in North America. that Glad Day has survived to celebrate its
March 5, 1986Canadian customs officials 2011Faced with declining sales, Scythes 50th birthday. This incredible endurance
seize and detain The Joy of Gay Sex, which Glad puts Glad Day up for sale. In February 2012, a and ability to adapt proves, more than
Day was importing from the United States. group of 22 community members purchases anything, its importance to Toronto’s lesbian
L
Officials say the book is obscene according to the store to save it from going under. and gay communities.
Section 159(8) of the Criminal Code. My congratulations to all who have
July 2016Glad Day moves to a bright,
March 20, 1987Glad Day successfully helped make this possible!
wheelchair-accessible space in Toronto’s
appeals the seizure of The Joy of Gay Sex. Judge Jearld F. Moldenhauer
Bruce Hawkins rules that the book is not Church-Wellesley Village. The store also func-
tions as a café, bar and events venue.
E
obscene under the law. *Memorandum D9-1-1 is a Canadian government
1991Moldenhauer sells Glad Day to John 2019Glad Day celebrates its 50th anniversary. document. It explains a section of the Customs
Scythes. Tariff. Customs officers use the memorandum to
—Dominique Bernier-Cormier
determine which imported publications are ob-
April 30, 1992Almost a month after seizing scene and illegal. For many years, the memorandum
the lesbian magazine Bad Attitude from Glad prohibited publications with homosexual themes.
Day, police charge owner John Scythes, man-
M
ager Thomas Frank Ivison and Glad Day itself
with possession and sale of obscene material.
February 16, 1993Scythes, Ivison and Glad Further Reading
UNIVERSITY OF TORONTO PRESS, 2017
Day are found guilty by Justice C.H. Paris of
the Ontario Court. The store is fined $200. Bad Attitude/s on Trial: Pornography, Feminism, and the Butler
March 1, 1996Breaking the Surface, Decision by Brenda Cossman, Shannon Bell, Lise Gotell
I
the autobiography of Olympic diver Greg and Becki L. Ross examines conflicts over pornography
Louganis, becomes the first gay book on the within Canadian feminism as well as the growing public and
bestseller list of The New York Times. Former
legal influence of anti-pornography feminism. Originally
Glad Day manager Scott Dagostino recalls that
the bookstore was “selling cartons of it.” published in 1997, it was reprinted in 2017 as part of the
University of Toronto Press’s Canada 150 Collection.
T
January 21, 2002Scythes and Glad Day
are convicted under the Theatres Act for
freedomtoread.ca F re ed om to Re a d 2020 13You can also read
