N - 100
April 13, 1987
ADMINISTRATION OF TARIFF ITEM
In light of the decision rendered in the
District Court of Ontario on March 20, 1987, that the book entitled
The Joy of Gay Sex is not considered obscene within the
meaning of subsection 159(8) of the Criminal Code, the following
should be considered when applying the guidelines for the interpretation
of material subject to the prohibitory provisions of tariff item
This information will be incorporated in due course into the administrative
guidelines contained in departmental Memorandum D9-1-1. Further
details or clarification may be obtained from the Manager, Prohibited
Importations Unit, Ottawa, telephone (613) 954-7048.
- a) Material which communicates in a rational and unsensational
manner information about a sexual activity that is not unlawful
is not to be prohibited entry. Such material may contain illustrations
provided they are not prurient in nature. For example, material
which communicates information about anal intercourse in such
a manner may be released.
- b) For purposes of this notice, the activities described in section
2 and everything identified in section 4, except for 4 a)(8) and
4 (f), of the guidelines outlined in departmental Memorandum D9-1-1
are to be considered unlawful. The activities in section 4 a)(8)
are unlawful unless between consenting adults in private.
- c) It should be emphasized that a book, film, video cassette,
etc., is to be assessed in its entirety. It is to be considered
as a whole and its overall nature and dominant characteristic
must be assessed. A section containing material outlined in Memorandum
D9-1-1 must be assessed as an integral part of the entire work
and in the context of its theme. A magazine, however, is to be
considered on a segment-by-segment basis.
* The above text has been reproduced as faithfully as humanly
possible from the original document. However, this reproduction
is not, nor intended to be, the official version of the original.