Little Sisters Book and Art Emporium v. Canada (Minister of Justice)
Encyclopedia
Little Sisters Book and Art Emporium v. Canada (Minister of Justice) [2000] 2 S.C.R. 1120, 2000 SCC 69 is a leading Supreme Court of Canada
decision on freedom of expression and equality rights under the Canadian Charter of Rights and Freedoms
. It was held that the Customs Act, which gave broad powers to customs inspectors to exclude "obscene" materials, violated the right to freedom of expression under section 2
but was justifiable under section 1
.
Little Sister's Book and Art Emporium
is a bookstore in Vancouver
, BC that sells gay and lesbian-related literature. It imports most of its material from the United States, which has often caused trouble at the border when the material would be refused entry as it was classified as obscene. The bookstore challenged the section of the Customs Act which prohibited the importation of obscene material as well as a section of the Act that put the onus on the importer to disprove obscenity.
At trial, the court found that the customs has targeted shipments to the bookstore and attempted to prevent them from getting in. Consequently, the government was found to have violated section 2 of the Charter. However, the violation was justified under section 1.
In a 6 to 3 decision, the Supreme Court upheld the ruling of the trial judge and found that though the law violated section 2, it was justified under section 1. The law was thus saved. However, they found that the way the law was implemented by customs officials was discriminatory and should be remedied, an opinion they suggested would avail the bookstore in any further legal battles. They also struck down part of the law that put the onus on an importer to prove material was not obscene.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on freedom of expression and equality rights under the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. It was held that the Customs Act, which gave broad powers to customs inspectors to exclude "obscene" materials, violated the right to freedom of expression under section 2
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
but was justifiable under section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
.
Little Sister's Book and Art Emporium
Little Sister's Book and Art Emporium
Little Sister's Book and Art Emporium, also known as Little Sister's Bookstore, but usually called "Little Sister's," is an independent bookstore in the Davie Village / West End of Vancouver, British Columbia, Canada, a predominantly gay community...
is a bookstore in Vancouver
Vancouver
Vancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...
, BC that sells gay and lesbian-related literature. It imports most of its material from the United States, which has often caused trouble at the border when the material would be refused entry as it was classified as obscene. The bookstore challenged the section of the Customs Act which prohibited the importation of obscene material as well as a section of the Act that put the onus on the importer to disprove obscenity.
At trial, the court found that the customs has targeted shipments to the bookstore and attempted to prevent them from getting in. Consequently, the government was found to have violated section 2 of the Charter. However, the violation was justified under section 1.
In a 6 to 3 decision, the Supreme Court upheld the ruling of the trial judge and found that though the law violated section 2, it was justified under section 1. The law was thus saved. However, they found that the way the law was implemented by customs officials was discriminatory and should be remedied, an opinion they suggested would avail the bookstore in any further legal battles. They also struck down part of the law that put the onus on an importer to prove material was not obscene.