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NEWS: Canada Outlines Which Anime Can Cross Border

Dakaran wrote:

TarsTarkas wrote: Bottom line is as follows: Canada is not a safe country to be bringing in doujin and certain types of anime. The law is not exact and will be subject to interpretation, and you can be sure that interpretation WILL NOT be in your favor. The law is exact and precise about everything on it in Canada concerning that stuff. We use common sense and it works great overall. As long as it doesn't deprive the children from a healthy growth and does not arouse adults like it would be porn I don't see a book or anime rejected for personal view or on TV. (airing time would change a bit if more mature I think)

The laws are no more exact, then similiar ones in Australia and
the United States. What one considers obscence really comes
down on who exactly is the one judging you. The only common
sense on this matter is not crossing the Canadian border with
anything that could be even considered slightly suspect.

Better to be safe, than have your life destroyed.

19. The material referred to in paragraph 18 would generally fail the community standard of tolerance test, not because it offends against morals, but because there is an appreciable risk of harm to society in the portrayal of such behaviour.
20. Harm in this context means that the material predisposes persons to act in an anti-social manner; in other words, in a manner which society recognizes as incompatible with its proper functioning.
21. The stronger the inference of harm, the lesser the likelihood of tolerance.
22. Explicit sex that is not violent is generally tolerated in Canadian society and will not qualify as the “undue exploitation of sex,” unless it employs children in its production.
23. Explicit sex that is either degrading or dehumanising but which does not have a substantial risk of harm does not qualify as the “undue exploitation of sex.”
Note: Each item must be judged on its own merit and in its entirety.
The Internal Necessities Test, Also Known as the Artistic Merit Defence
24. The last step in the analysis of whether the exploitation of sex is “undue” is the internal necessities test, or the artistic merit defence.
25. Material that, by itself, offends the community standard of tolerance will not be considered “undue” if the portrayal of sex is required for the serious treatment of a theme.
Memorandum D9-1-1 February 14, 2008
3
26. The need to apply the internal necessities test arises only if a work contains sexually explicit material that might, in another context, constitute the “undue exploitation of sex.”
27. The portrayal of sex must be viewed in context to determine whether the exploitation of sex is the main object of the work or whether the portrayal of sex is essential to a wider artistic, literary or other similar purpose.
28. In other words, the internal necessities test, or the artistic merit defence, assesses whether the exploitation of sex has a justifiable role in advancing the plot or theme and, in considering the work as a whole, has a legitimate role in the work itself.
29. Any doubt in this regard must be resolved in favour of the freedom of expression, which, in practical terms, means that doubt as to whether or not goods constitute obscenity requires the release of those goods.

IMPORTERS’ RIGHTS
When Suspected Goods are Detained – Notification
2. An importer, whose goods are suspected of being obscene according to the legislation, will be provided with a written notice of detention containing the following information: a brief description of the goods detained as suspected obscenity; the port of entry where the goods are detained; the date of detention; and a contact name and telephone number. This information will be provided in the top portion of the Form K27, Notice of Detention/Determination.
3. Once a full review of the goods has been conducted, generally within 30 days of the date of detention, the importer will be notified of the determination in writing (i.e. whether the goods are prohibited or released).
4. If the goods are found to be admissible, the importer will receive a written notice of determination containing a brief description of the goods and the date of determination. This information will be provided by way of Part B of the Form K27. The goods will then be released to the importer, subject to the payment of any applicable duties and/or taxes.
5. If the goods are prohibited as obscenity, the importer will receive a written notice of determination containing the following information: a brief description of the goods; the date of determination; the reasons for prohibition; and a list of options available to the importer, including instructions for appeal. This information will be provided by way of Part B of the Form K27.
6. If a shipment contains more than one prohibited title, the Form K27A, Continuation Sheet, will be used by CBSA officials to indicate to the importer the specific reasons for which each title was prohibited. A completed Form K27A will then accompany the completed Form K27.

When Goods Are Prohibited – Importers’ Rights
7. When goods are deemed to be obscene, and are therefore prohibited, the importer may exercise any one of the following options, as set out on the reverse of the Form K27, Notice of Detention/Determination:
a) the decision may be appealed by writing to the Customs Disputes Section of the Prohibited Importations Unit, at the address provided on the Form K27, within 90 days of the date of the determination, referring to the title of the material, the applicable Form K27 control number, and any other applicable information;
b) the goods may be exported, under customs control and at the importer's expense and arrangement; or
c) the goods may be abandoned to the Crown, pursuant to section 36 of the Customs Act, in which case the material will be destroyed, pursuant to section 142.
8. If the importer fails to appeal or to provide instructions either to export or to abandon the goods within 90 days of the date of decision, the goods will be considered forfeit and will be destroyed.

OBSCENITY INDICATORS
1. When dealing with material where a dominant theme is the portrayal of sex, the indicators set out below apply.
Note: For the purposes of determining obscenity under tariff item 9899.00.00, the term “sex” includes depictions and/or descriptions (including illustrations and animation) of any oral, anal or vaginal penetration, masturbation and/or the full or partial exposure of genitalia, pubic regions, anal regions and/or female breasts, for the purposes of sexual arousal.
2. Goods containing one or more of the following indicators may be found to be obscene and prohibited entry into Canada, if it is established that the portrayal of sex is not essential to a wider artistic, literary or other similar purpose.
Depictions and/or descriptions of:
(a) Sex with degradation or dehumanisation, if the risk of harm is substantial, e.g.
(i) actual or implied urination, defecation or vomit onto or into another person, and/or the ingestion of someone else’s urine, feces or vomit, with a sexual purpose, excluding consensual urine onto another person;
(ii) ridicule and/or humiliation
(b) Sex with pain
(c) Sexual assault
(d) Sex with violence
(e) The taking of a human life for the purpose of sexual arousal
(f) Incest
(g) Bestiality
(h) Necrophilia
Note: Depictions and descriptions of sexual activities involving children and/or juveniles (persons under the age of 18) will generally constitute child pornography. (not always)

GhstDreamer wrote:

This reminds me that being an arts teacher, I was going to show my 12 year old students Spirited Away because as part of the art curriculum, they need to do a comparison between Disney and Japanese animation. I figure Spirited Away contains important messages that can promote class discussion and it would've also keep the students' attention since many of them has never been introduced to animation besides American animation. However, administration told me it's not an appropriate movie to show children and this came down from the district board office. The scenes are too frightening and there's smoking in it.

Cause Spirited Away is the scariest movie ever. I hate stupid people like that. They clearly don't see the message that's in this movie. Though I can see why. I remember watching this movie in theaters and I do recall hearing a few kids crying at the "scary parts". But they were only like 2 or 3.

TarsTarkas wrote:

Dakaran wrote: TarsTarkas wrote: Bottom line is as follows: Canada is not a safe country to be bringing in doujin and certain types of anime. The law is not exact and will be subject to interpretation, and you can be sure that interpretation WILL NOT be in your favor. The law is exact and precise about everything on it in Canada concerning that stuff. We use common sense and it works great overall. As long as it doesn't deprive the children from a healthy growth and does not arouse adults like it would be porn I don't see a book or anime rejected for personal view or on TV. (airing time would change a bit if more mature I think) The laws are no more exact, then similiar ones in Australia and the United States. What one considers obscence really comes down on who exactly is the one judging you. The only common sense on this matter is not crossing the Canadian border with anything that could be even considered slightly suspect. Better to be safe, than have your life destroyed.

Canada laws have a bunch of provisions guaranteeing safe application of the law, at least minimizing the abuse. But as I said earlier if someone does abuse them overboard they will get smacked. :p

Go read the pdf if you don't believe me.

Examples I'll give:

Quote:

19. The material referred to in paragraph 18 would generally fail the community standard of tolerance test, not because it offends against morals, but because there is an appreciable risk of harm to society in the portrayal of such behaviour. 20. Harm in this context means that the material predisposes persons to act in an anti-social manner; in other words, in a manner which society recognizes as incompatible with its proper functioning. 21. The stronger the inference of harm, the lesser the likelihood of tolerance.

That sounds like a freakin robot i know that

That said, I still don't agree with that Canadian law and it's one of the few reasoins I dislike Canada

And as for "secondary sexual features," I'd guess they're mostly talking about breasts and pubic hair. If a female character is flat as a board and hasn't got a lick of hair on here, you don't get to pretend that she's 18.

Dakaran wrote:

TarsTarkas wrote: Dakaran wrote: TarsTarkas wrote: Bottom line is as follows: Canada is not a safe country to be bringing in doujin and certain types of anime. The law is not exact and will be subject to interpretation, and you can be sure that interpretation WILL NOT be in your favor. The law is exact and precise about everything on it in Canada concerning that stuff. We use common sense and it works great overall. As long as it doesn't deprive the children from a healthy growth and does not arouse adults like it would be porn I don't see a book or anime rejected for personal view or on TV. (airing time would change a bit if more mature I think) The laws are no more exact, then similiar ones in Australia and the United States. What one considers obscence really comes down on who exactly is the one judging you. The only common sense on this matter is not crossing the Canadian border with anything that could be even considered slightly suspect. Better to be safe, than have your life destroyed. Canada laws have a bunch of provisions guaranteeing safe application of the law, at least minimizing the abuse. But as I said earlier if someone does abuse them overboard they will get smacked. :p Go read the pdf if you don't believe me. Examples I'll give: Quote: 19. The material referred to in paragraph 18 would generally fail the community standard of tolerance test, not because it offends against morals, but because there is an appreciable risk of harm to society in the portrayal of such behaviour. 20. Harm in this context means that the material predisposes persons to act in an anti-social manner; in other words, in a manner which society recognizes as incompatible with its proper functioning. 21. The stronger the inference of harm, the lesser the likelihood of tolerance. That sounds like a freakin robot i know that

All that you referenced still comes down to intrepretation. There
are no safeguards. The laws do not strictly spell out what is illegal
and what is okay. Age, image, representations, and fictional
depictations are all left up in the clouds, with only vague words
that will have to be interpreted and then applied.

It all still comes down to each person's interpretation, and since
anime and the doujin are niche markets, the odds are not in our
favor.

Canada laws have a bunch of provisions guaranteeing safe application of the law, at least minimizing the abuse. But as I said earlier if someone does abuse them overboard they will get smacked. :p

Go read the pdf if you don't believe me.

Examples I'll give:

Quote:

19. The material referred to in paragraph 18 would generally fail the community standard of tolerance test, not because it offends against morals, but because there is an appreciable risk of harm to society in the portrayal of such behaviour. 20. Harm in this context means that the material predisposes persons to act in an anti-social manner; in other words, in a manner which society recognizes as incompatible with its proper functioning. 21. The stronger the inference of harm, the lesser the likelihood of tolerance. 22. Explicit sex that is not violent is generally tolerated in Canadian society and will not qualify as the “undue exploitation of sex,” unless it employs children in its production. 23. Explicit sex that is either degrading or dehumanising but which does not have a substantial risk of harm does not qualify as the “undue exploitation of sex.”

The_Q wrote:

Nemo_N wrote: BitShifter wrote: Dakaran wrote: Things are pretty cool around here, and I haven't had problems with laws when reading, watching TV or internet shows. It comes to using your head for common sense and apply it to what you do. As long as you don't abuse your way out of the system and the laws in place you will be fine. Exactly; it really is simple. Don't write any words that government/society doesn't want you to write, don't draw any pictures that government/society doesn't want you to draw, don't read any words that government/society doesn't want you to read, and don't look at any drawings that government/society doesn't want you to see. And while you're at it, don't fantasize or have any thoughts that government/society doesn't want you to have. Remember--they're only after the perv-y stuff, which we all know when we see it, and is universally defined. It's not like they're going to come after your Negima. Of course, in the latest Negima volume, Rakan-san uses his "silent strip" technique to remove the panties from one of Fate-sama's apparently underage magic girls, then sniffs them and licks them. But there's nothing sexual about that; I'm sure that no border guard is going to misinterpret that comical scene as something perv-y or illegal. This whole post is awesome. Agreed. It's been a while since I've seen such ownage in a single post.

Americans really love a la Jerry Springer drama eh? I understand you fought your wars to establish your country but it's about time to let it go and not poke fun at serious statement.

Daemonblue wrote:

That said, I still don't agree with that Canadian law and it's one of the few reasoins I dislike Canada

In case this dislike is only directed towards the country you mention, one must remind you that similar laws to the one in question are now firmly in place in many English-speaking regions.

Hey, if these guidelines prevent Strike Witches from being brought into Canada then I fully endorse them.

Nope, the laws don't seem to apply to Strike Witches, which I was able to buy at a Canadian retail establishment (Comic Book Shoppe, Bank St., Ottawa) without incident.

Canada is becoming a freedom of speech and civil liberties nightmare. I really wouldn't even visit that country now. They really need to re-haul some of their laws. The only thing they got right in the past several years was allowing gay marriage.