Antipornography Civil Rights Ordinance - Butler Decision in Canada

Butler Decision in Canada

In 1992, the Supreme Court of Canada made a ruling in R. v. Butler (the Butler decision) which incorporated some elements of Dworkin and MacKinnon's legal approach to pornography into the existing Canadian obscenity law. In Butler the Court held that Canadian obscenity law violated Canadian citizens' rights to free speech under the Canadian Charter of Rights and Freedoms if enforced on grounds of morality or community standards of decency; but that obscenity law could be enforced constitutionally against some pornography on the basis of the Charter's guarantees of sex equality. The Court's decision cited extensively from briefs prepared by the Women's Legal Education and Action Fund (LEAF), with the support and participation of Catharine MacKinnon. Andrea Dworkin opposed LEAF's position, arguing that feminists should not support or attempt to reform criminal obscenity law. In 1993, copies of Dworkin's book Pornography were held for inspection by Canadian customs agents, fostering an urban legend that Dworkin's own books had been banned from Canada under a law that she herself had promoted. However, the Butler decision did not adopt Dworkin and MacKinnon's ordinance; Dworkin did not support the decision; and her books (which were released shortly after they were inspected) was a standard procedural measure, unrelated to the Butler decision .