October 8, 2003 Kelly Parry kelly-lee_parry@telus. net News ¢ the other press © Obscene? Ask Canada Customs Kelly Parry News Editor Ongoing criticism of Canada Customs censorship powers has forced the department to rewrite their guidelines Customs officers deem Gay and lesbian bookstore on what obscene. owners charge that the new guidelines, Memorandum D9-1-1, continue to permit Canada’s border police to dis- criminate against material aimed at sex- ual minorities. Listed in the memorandum is Little Sister’s bookstore, the first gay/lesbian bookstore in Vancouver, as an example of an importer of material obscene materials. Over the last eighteen years, Little Sisters has seen several court chal- lenges to defend the right to import material, mostly from the United States, aimed for the gay and lesbian community. Currently customs officials have 30 days to determine if something coming into the country is obscene or not. The onus of proof is “officially” the duty of a Customs officer’s judgement, howev- er, critics complain that the importer often ends up trying to prove that the materials are not obscene. This is a cost- ly proposition that many businesses cannot afford. In Memorandum D9-1-1, the rules governing the depiction of sex and pain are much more sharply defined. The memo lists these ten indicators as obscene: * Sex with degradation or dehumaniza- tion, this also includes ridicule and humiliation * Sex with pain * Sexual assault * Sex Little Sister's bookstore believes that Canada Customs is preparing itself for their next court challenge in 2004 when the Supreme Court Of British Columbia will hear Little Sister's book- stores claims of continued prejudice and harassment at the hands of the Customs officials. In their last hearing it was confirmed that Little Sisters had indeed suffered prejudice and harass- ment at the hands of Customs, and that the “reverse onus” (where the importer has to prove that their books are not obscene), was unconstitutional. “I have every expectation that they'll continue to treat us differently than other says Mark Macdonald of Little Sister’s bookstore in Vancouver. “At the end of the day, booksellers,” we'll see continued seizure of materials that are not obscene and continued mistakes from Canada Customs.” Colette media spokesperson for the Canada Customs and Revenue Agency, says the court case has nothing to do with it. “We Gentes-Hawn, review things on a regular basis to ensure we reflect community stan- dards,” says Gentes-Hawn. April Grant, spokesperson at Victoria's Bleeding Rose bookstore, says the new description of “sex with pain” could possibly be included—as well as spanking and other consensual sado- masochistic activities. Pain is defined as “clear discomfort expressed through visual, verbal, or descriptive cues...Pain may be inferred where a reasonable per- son would conclude that the activity would result in pain.” “My gut reaction is that they're not changing anything, they're just moving words around,” says Grant. ,.Conservation,” © Reconciliation and Opportunity emanation ISLAND Kelly Parry News Editor Hakai Luxvbalis Conservancy Area is under new management. Water, Land, and Air Protection Minister Joyce Murray and Heiltsuk Tribal Council Chief Ross Wilson signed a new co-man- agement agreement between the Heiltsuk First Nation and the provincial government that will ensure First Nations are directly involved in new tourism opportunities and conservation. The co-management model of the Hakai Luxvbalis Conservancy Area is the first of its kind in the Central Coast and includes land and marine environments that are renowned for their beauty, eco- tourism, and angling. A board of directors that consists of two representatives from the province and two representatives from the Heiltsuk Nation will carry out the man- agement of Hakai ~— Luxvbalis Conservancy Area. Their goals will be toward joint planning, recommenda- tions on economic development, capaci- ty building, and creating a forum for both parties to discuss issues of common concern. “We've made a commitment to bring in a new era of reconciliation, opportu- nity, and shared purpose with First Nations,” said Water, Land and Air Protection Minister Joyce Murray. “This agreement creates a clear frame- work for respecting and advancing First Nations’ interests that will result in new http://www-otherpress.ca ec opportunities and partnerships. The Heiltsuk share our commitment to envi- ronmental management that ensures sus- tainability, accountability, and responsi- bility.” For Chief Wilson, the agreement offers a new beginning and puts an end to decades of dispute over the Hakai area, which sits in the heart of Heiltsuk tradi- tional territory. “Together we will safe- guard our lands and explore new oppor- tunities for our community,” he said. Long appreciated as an area of great cultural significance to the Heiltsuk, the Hakai Luxvbalis Conservancy Area is the largest marine protected area on the BC coast. Representing more than 122,998 hectares of land and marine environ- ment, the conservancy area includes much of Hunter and Calvert Islands south of Bella Bella. The Heiltsuk com- prise about 90 percent of the area’s pop- ulation. For the Canadian Parks and Wilderness Society (CPAWS), the agree- ment spells good news for First Nations and the sustained health of this remark- able conservation area. “Not only will this benefit the long-term management of the Hakai Luxvbalis Conservancy Area, but it will also serve as an example of the critical role of First Nations in the management of marine protected areas,” said Sabine Jessen, conservation director for the BC chapter of CPAWS. Page 5