Page:1954 Juvenile Delinquency Testimony.pdf/265

This page needs to be proofread.
JUVENILE DELINQUENCY
253

Section 207, as it exists in the code now, is reenucted and will be found as section 150 in the bull, which is in the possession of your counsel, "This bill has not vet become law beenuse if: has not yet passed our Senate, but it is my nnpression there will not be any changes 1 the present provisions of section 150 as passed by the House of Commons.

Section 150 incorporates section 207 of the old code, but until 1949 section 207 contained no reference to crime comics as such,

It was concerned exclusively with the maiter of obscene objects, or obscure literature, indeceut exhibitions. and so on.

I think it was after the last war—this is our experience at any rate— that. the problem of crime comics as such came into existence. It seems to me by and large a postwar development. I am not saying it didn’t exist before, buc on the scale we now have it seems to be a postwar development which is probably the reason why our eriminal lnw «lidn't refer to 1¢ before.

As a result of the emergeney of the crime comics and the factors which I have reviewed already as to the public opinion which grew up about it, there was evidenced a considerable demand that something should be done to deal with this problem created by the crime comic. There was a cumpaign originated by such organizations as 1 have alrendy mentioned. the Canaan Federation of Jlome and Schools, siriaws service clubs organized themselyes on a nationwide basis, put. on a canipaign pressing for some effective action to deal with the problem of erime comics and obseene Hterature generally.

Parent-teachers’ associations joined in this effort. There was in additien considerable work clone on it in our House of Consmons.

I have already mentioned that in 1947 and 1948, when the matter was drawn to fhe attention of the Minister of Justice he expressed himself as holding the opinion that it was desirable to do something, althongl he said up to that time they hac not yet been able to figure out any effective measures.

In the course of the discussion as to what should be done, the usual problem arose, and that was to reconcile the conflicting desires to haye on the one hand freedom of action, freedom of choice, and on the other hand to prevent the abuse of that very freedom,

The problem is, are you going to have complete freedom of action, or are you going to have a measure of control.

The measure of control. it was generally agreed, clivided iiself into two alternatives: One, direct censorship; the other, legislative action, lewislative action which would Iny down the general standards and leave it to the courts Lo enforce rather than by direct censorship Lnposed from above by any yovernmental body.

Just as background, I might say that in Canada there exists no federal censorship us such, There is ouly in one Provinee that | am aware of any extensive censorship of lilerature, and that is in the Province of Quebec.

The majority of our Provinces, tf not nearly all. have a form of censorship of movies under the authority of the provincial eovern- ment. But by and large I think it would be fair to suy that the majority opinion in Canada is opposed to the idea of censorship of Niterature.

Iam not saying that that feeling is unanimous, but that seemed to be the feeling that if possible we should avoid bringing in direct