Eli Langer - 1993 Art Show

1993 Art Show

A press release prior to the show opening suggests the curators knew the material could be controversial:

"Langer's work focuses on the tender and often abject aspects of sexuality and intimacy. His images are largely informed by intuitive personal and social drives, exploring the phenomenon of intimacy where it exists without the compensation of social or cultural consent. In this series of paintings and drawings, Langer often boldly develops a sexual ambiguity that inadvertently addresses our cultural taboos and the formation of morality."

Langer's exhibition at the Mercer coincided with the addition of section 163.1 (the "Child Pornography" section) to the Canadian Criminal Code. The new section of the Criminal Code forbids any depiction of a person under the age of 18 engaged in an explicit sexual activity or for a sexual purpose. The law makes no distinction between works of the imagination and works that are based on reality. Langer and the director of the Mercer Union Gallery were arrested by Toronto police, but ultimately the paintings were the only things put on trial.

Well-known figures of the Canadian art community participated in the trial in Langer's defence, including Michael Snow, Avrom Isaacs (gallerist), Dennis Reid (former curator of the National Gallery of Canada), and Ronald Bloore (late artist). They testified that the works exhibited at the Mercer Union had "artistic merit" (a defence provided by s. 163.1 of the Criminal Code). Ultimately the works were exonerated and returned to Langer.

A witness for the Crown prosecuting the case, the late artist Ronald Bloore was no stranger to censorship of the arts in Canada. In 1965 his wife, Toronto gallery owner Dorothy Cameron, had been charged and prosecuted in relation to an exhibition of art at her gallery and the results had been catastrophic for her. Eli Langer remembers the apparent willingness of Bloore to testify against his art as being strange, but at trial Ronald Bloore turned the leading questions of the Crown against them, citing the state censorship of the Nazis and calling Langer's artwork "marvellous." Taken aback by the trojan horse witness, the Crown called a recess. Ronald Bloore was greeted by an elated Eli Langer and his mother Pearl, and told them, "I've waited 27 years to get these bastards for what they did to my wife!" To this day Langer believes the difficulty of his trial was worth it for the poetic justice done by Ronald Bloore.

Langer's legal victory led to reinterpretation of 'prior restraint' to prevent inexperienced police officers from again using an easily obtained "tele-warrant" to carry out similar raids on art exhibitions. Obtaining a warrant now requires the stricter scrutiny of experienced judges.