Case Overview
Little Sisters Book and Art Emporium, a bookstore in Vancouver, British Columbia, specializing in gay and lesbian-related literature, found itself at the center of a legal battle. The store frequently faced issues at the border with Canada Customs, which often classified imported materials from the United States as obscene and refused their entry. The bookstore challenged the provisions of the Customs Act that prohibited the importation of obscene material and placed the onus of disproving obscenity on the importer“【oaicite:3】“.
Supreme Court of Canada’s Ruling
In a 6–3 decision, the Supreme Court upheld the trial judge’s ruling that the law violated section 2 of the Charter but was justifiable under section 1. The law was thus upheld. However, the Court found that the implementation of the law by customs officials was discriminatory and required remedy. This ruling significantly impacted Canada Customs’ ability to prevent the importation of material not yet adjudicated as obscene by the courts“【oaicite:2】““【oaicite:1】“.
Significance of the Decision
This case is a leading decision on freedom of expression and equality rights under the Canadian Charter of Rights and Freedoms. It highlights the balance between government regulation and the freedom of expression, especially in the context of material considered controversial or sensitive by certain groups or authorities“【oaicite:0】“.
