On 4 Dec 2002 at 18:01, talbain00_at_aol.com wrote:
>In a message dated 12/4/2002 12:46:23 PM Pacific Standard Time,
>Raven_at_direct.ca writes:
>
>> Actually, it's Customs that's the problem, siezing anything the officer
>> finds "questionable."
>>
>> I haven't seen a Genus make up here since... #42?
>> And not a single Skunkworks makes it up in normal sipments. To make
>> matters worse, I heard that both Radio Comics is on the unofficial "Banned"
>> list.
>
>Dang, so does that mean having porn is illegal there?
>
>Corbin
No, posession of pornography or erotica in Canada is not illegal (with
the notable exception of child porn). In fact, quite a lot of the porn
available in the United States is produced and / or printed in Canada,
due to cheaper production costs.
However, sending it through the Canadian Customs and Revenue Agency
does often pose problems. The Canada Customs Act allows seizure of any
"obscene" materials imported into Canada, by any means, including
through the mail. As of my last knowledge (Feb 2001, see ref.1), the
CCRA is under injunction from the Supreme Court of Canada, to prove
that materials are "obscene", and thus, that they may be seized. (ref
2. )
In practice, this seems to depend on the Customs official involved.
The seizure of materials being transported into Canada appears to be
somewhat random, and what will go through one time, will not the next.
It's an ongoing sore point between Customs and people who are importing
materials which may be legal inside Canada, but which Customs seizes
and destroys.
Child pornography, though is in a completely different situation. (ref
3.) Anything which can be classified as a "depiction of persons under
the age of 18" can subject the creator, importer, purchaser, or owner
to two to ten years of jail time. Canada Customs and other law
enforcement agencies are very vigorous in pursing this - perhaps too
vigorous, at times, as various law enforcement agencies have been
reprimanded repeatedly for illegal search & seizures, related to "child
porn".
Hope this helps,
Falbert
Ref 1:
A general discussion of the state of Customs & pornography in Canada:
http://cbc.ca/newsinreview/feb2001/PDFs/court.pdf
Ref 2:
Text of the Supreme Court of Canada ruling: (note, long URL!)
http://www.lexum.umontreal.ca/csc-scc/cgi-bin
/disp.pl/en/pub/2000/vol2/html/2000scr2_1120.html?
query=%22Little%22%20AND%20%22Sisters%22
&langue=en&selection=&database=en/jug&
method=all&retour=/csc-scc/cgi-bin
/srch.pl?language=en~~method=all~~database=en
%2Fjug~~query=Little+Sisters
Ref 3:
The Canada Customs and Revenue Agency Act
http://lois.justice.gc.ca/en/C-2.7/
===========================================================
Falbert Forester albert_at_umpi.maine.edu
Falbert_at_FurryMuck, Tapestries, SPR, and elsewhere
"I've often thought that the underlying fabric of the
universe is plaid." - me
Received on Thu Dec 05 2002 - 10:47:17 CST