Friday, January 3, 2025: 1:50 PM
Murray Hill East (New York Hilton)
This paper explores Edmonton’s historical influence on obscenity law in Canada, focusing on its impact on the 2SLGBTQ community. Analyzing pivotal cases involving the screening of explicit films in 1980-1981, particularly Dracula Sucks and Caligula, it highlights a jurisdictional standoff between prosecutors and provincial censors. The resulting Supreme Court case, Towne Cinema Theatres, Ltd. v. the Queen (1985), clarified the community standards test but also marked a feminist jurisprudential shift, with Justice Bertha Wilson linking pornography to moral desensitization and harm to women. This legal precedent influenced subsequent cases, notably R. v. Butler (1992), where the Women’s Legal Education and Action Fund’s harms test replaced the community standards test. The paper traces the impact of Butler on 2SLGBTQ spaces, including a police undercover operation on Glad Day Bookshop and legal battles over the import of queer materials. Critiquing LEAF’s role in Butler, the paper argues that the homophobia embedded in Canadian obscenity law predates this decision and is rooted in Edmonton’s local history. Examining the broader context of Edmonton's “sex/moral panic,” which included the Pisces bathhouse raid and conflicts between the Chez Pierre strip club and First Presbyterian Church, the paper contends that understanding Edmonton’s queer histories is essential for situating the city within a broader legal narrative. Ultimately, it demonstrates Edmonton’s significant role in shaping a legal history with profound implications for sexual dissidence and the rights of 2SLGBTQ individuals.
See more of: Histories of Queer Censorship in the Late 20th-Century US and Canada
See more of: AHA Sessions
See more of: AHA Sessions