Freedom to Read Week: Forbidden Fruit

Forbidden Fruit

George Reid

1889

Freedom to Read Week: Nastiness is Found

The Windsor Daily Star, 16 November 1940

Freedom to Read Week: Generals Die in Bed (II)

The Ottawa Citizen, 2 June 1930

LONDON, June 2 – Slurs on British generals and attacks on the behavior of Canadian troops as set forth in the book by Charles Yale Harrison, "General's Die in Bed," are repudiated in the press today by Lieut.-Colonel Colin Harding of the Fifteenth Royal Warwickshire Regiment, who served in the First Canadian Division in France and was closely allied with the Canadians throughout the war.

He wants to know why the author should wait twelve years to smudge the memory of fifty-six thousand Canadians who lost their lives fighting for the British Empire and discredit the services of those who survived. As for the alleged looting of Arras, Col. Harding demands the author's authority for the incident, and also for the alleged shooting down of defenceless German prisoners in revenge for torpedoing of the hospital ship Llandovery Castle. The colonel thinks that such books show the necessity for censorship before they are offered to the public as they are calculated to provoke ill-feeling between nations and act as a deterrent to peace.

Freedom to Read Week: Generals Die in Bed (I)

The Ottawa Citizen, 30 May 1930

NEW YORK. May 30. – Charles Yale Harrison, youthful author of the book "Generals Die in Bed," is surprised at the storm which followed publication of the book in London. Mr. Harrison, who served with the 14th Battalion Royal Montreal regiment in France and Belgium in 1917 and 1917 [sic], thinks the critics who have held his book slandered Canadian troops are unjustified. The author is on the staff of the New York newspaper, Bronx Home News, in the capacity as he himself puts it of a "newspaperman, not a journalist."

He told the Canadian Press today he was surprised at reports that his book might be banned in Canada. It will be published here in June and arrangements had been made for publication in the Dominion.

"For me to sneer at the fighting qualities of the Canadian soldier would be to sneer at myself," he said. "I want it distinctly understood that the Canadian Expeditionary Force was the best fighting unit in the field. Vimy Ridge, Ypres, the Somme, Cambrai and Mons speak for themselves."

War in Real Light.

Referring to criticism that the book showed Canadian soldiers in an untrue light morally. Harrison held he tried to picture war "as it really happened – not as some spinster ladies thought it should happen. War is dirty, disgusting and the sooner the world realizes that modern warfare is a demoralizing business the better it will be for the world."

Harrison has been criticized for stating Canadian troops looted Arras. He maintained he is correct in this but stated that "realizing the circumstances under which the town was looted. I did not consider that this in any way reflected upon the heroism and courage of the Canadian troops."

His attention was called to an editorial in which the London Daily Mail terms the book "slanderous."

"It is," Harrison said, "but it does not slander the troops of the C.E.F. It slanders war – and it is about time that a little of false glory with which war is enmeshed is torn away."

Harrison, who managed a Montreal motion picture theater following his return from France, says he works on a small paper because he finds it gives him leisure for writing.

Freedom to Read Week: Episode

"A remarkable first novel about madness – its feelings, treatment and powers."

— Books of the Month 

"Filth and muck."

— Raoul Mercier, K.C.

On 17 February 1956, a bitterly cold day in Ottawa, the American News Company was found guilty of having in its possession for the purpose of distribution "obscene written matter, to wit: 117 copies of a book entitled 'Episode', written by Peter W. Denzer."

The distributor was fined $5000 ($42,500 today), roughly $43 ($356) for each and every copy of the 25¢ paperback. This absurd amount would be described in The Canadian Bar Review as "by far and away the heaviest penalty imposed for an offence of this nature in Ontario, and probably Canada." Meanwhile, Crown prosecutor Raoul Mercier, the future Attorney General of Ontario, was clicking his heels.

The Vancouver Sun, 18 February 1956 

Peter Denzer died earlier the month at the age of ninety; his friend Peter Anastas paid tribute with a very fine obituary. It's important to note, I think, that the author of Episode, a novel about a man's struggle with mental illness, had himself suffered. What's more, Peter Denzer had been an early defender and sympathetic champion of those struggling with mental health disorders.

Episode is, I suppose, somewhat autobiographical. Hugh MacLennan was an admirer of the novel. His biographer, Elspeth Cameron, describes it as a precursor to One Flew Over the Cuckoo's Nest. I've yet to come across a negative review. Everything I've read about Episode indicates that it is both fascinating and important. And yet, Canadians who want to read Episode are out of luck. You see, while Episode, can be found in libraries throughout the United States, the United Kingdom and Australia, not a single Canadian library – public or academic – has a copy.

Those looking to place blame need only look to this little, little man:

 Raoul Mercier

1897-1967

Freedom to Read Week: Noir Canada

Noir Canada : Pillage, corruption et criminalité en Afrique

Alain Deneault, Delphine Abade and William Sacher

Montreal: Éditions Écosociété, 2008

Freedom to Read Week begins and the Lord's Day is darkening. We live now in a Canada governed by a party that equates 'opposition' with 'enemy'. When presenting legislation, our Minister of Public Safety accuses those who find fault of being in league with child pornographers.

A few days pass and the minister trips up, revealing that he has not read the bill. He is surprised by its contents.

A few more days pass and we learn that the government called upon the Department of National Defence to help wage war on those who sit across the aisle in the House of Commons. An hour passes and an even bigger scandal breaks.

The message is clear: Do not question the government.

While scientists are muzzled, for the most part we writers have had it pretty easy. True, the theatre critics in the Prime Minister's Office described an unread yet to be performed play as "glorifying terrorism", but that's as bad as it's got... so far. As Michael Healey might tell you, the chill is in.

Noir Canada is not our prime minister's hockey book, but it's entirely appropriate that he struts his stuff on the cover. For nearly four years, Barrick Gold pursued publisher les Éditions Écosociété, Alain Deneault, Delphine Abadie, and William Sacher, seeking to add six million Canadian dollars to its US$10.9 billion (2010) in annual revenues.

Here, I'll mention – and just mention – something known as a SLAPP, a strategic lawsuit against public participation. The reason I'm saying no more on the subject will become clear through reading Candice Valentine's 'Code of Silence', published in the November 2011 edition of The Walrus.

Late last year, Noir Canada was withdrawn from sale. The small Montreal press paid an undisclosed sum to the world's largest gold mining producer and the media looked the other way; Justin Bieber had signed a Hyundai for charity.

I imagine Barrick Gold's Board of Directors were satisfied.

Better to bury a book than to burn it. Flames attract attention.

Freedom to Read Week – Saturday

Freedom to Read Week – Friday

The Vancouver Sun, 11 February 1953

Freedom to Read Week – Thursday

The Leader-Post, 7 January 1938

The Ottawa Citizen, 7 January 1938

Freedom to Read Week – Wednesday

The Gazette, 6 November 1959

Freedom to Read Week – Tuesday

The Globe & Mail, 23 October 1961

The Globe & Mail, 25 November 1961

Freedom to Read Week – Monday

Lt.-Col. John Merner (Ret'd)

1980

Some chilling words from "Censorship Canada" by Hawley Black, published in the December 1980 edition of Saturday Night:

Like the Vatican in the old days, Canada has an index of forbidden material. Ours is a filing cabinet of index cards, kept by Customs and Excise officials on the sixth floor of the Connaught Building just around the corner from the Château Laurier. The keeper of the index, in effect the chief of Censorship Canada, is Lt.-Col. John Merner, a sixty-two-year-old retired army officer who bears the official title Head, Prohibited Importation Section. Along with a departmental lawyer and a couple of clerks, Merner protects Canada from books, films, videotapes, and other materials that he believes (as Section 99201-1 of Schedule C of the Canada Customs Tariff puts it) "treasonable or seditious or of an immoral or indecent character."

...

If a customs decision goes against you, you can appeal. But you may find yourself catalogued among the 100,000 names contained in the Customs Intelligence File. If your appeal fails, the government can destroy the material and you lose your court costs. If your appeal succeeds, the government returns the material to you – and you lose your court costs anyway. Not many people appeal.

...

When I visited the office recently, the Head, Prohibited Importation Section, and his helpers were busily keeping Canada free of material that might subvert the civil order or endanger morals. They were doing so in something close to secrecy, protected by a bureaucratic wall that can be penetrated neither by parliament nor by the press, or even by the minister of revenue himself. Other censors – such as the Ontario film censors – find themselves regularly embroiled in headline-making conflicts, but all is quiet in the Connaught Building. So far as an outsider can determine, there are not even internal struggles over what to censor. Only once in ten years, Merner recalls, has the minister of revenue – it was Robert Stanbury – actually fought one of his decisions. And, says Merner, "He lost."

Funny he never married.

Freedom to Read Week – Sunday

The Cambridge Public Library's copy of Censorship Goes to School by David Booth (Markham, ON: Pembroke, 1992).

Freedom for Fanny

Yesterday marked the beginning of Freedom to Read Week; I spent much of it stripping wallpaper. Truth be told, I don't much feel like joining the charge led by the Book and Periodical Council and their Freedom of Expression Committee. Their slapdash "Challenged Books and Magazines List" hasn't changed in over a year – still nothing about Rodolphe Girard, Jean-Charles Harvey, the 1961 RCMP raid on the Vancouver Public Library or the temporary embargo placed on The Satanic Verses. Not even the committee's error-ridden work on Lady Chatterley's Lover has been added. A bit of a surprise, really, since the organization saw fit to spread this misinformation by email last August. An "important legal victory", their researcher noted at the time, adding that it is "poorly documented by the historians of literary freedom in Canada".

Not only poorly documented, but entirely ignored in material being distributed by the council and its committee.

It goes without saying that F.R. Scott's defence of Lady Chatte in Brody, Dansky, Rubin v. The Queen is one most important cases in the fight against censorship in this country... and nearly 48 years after the man emerged triumphant from the Supreme Court we're still waiting for the story to be told. When it is written, I think a chapter should be devoted to the coup de grâce delivered two years later by Fanny Hill.

The Globe and Mail, 2 March 1964

John Cleland's "woman of pleasure" received something of a delayed reception in Canada. She was ignored for two centuries, until November 1963 when local police moved in on a Richmond Hill Coles seizing eight copies. Not to be outdone, two months later Toronto police raided two Yonge Street branches, rounding up a couple of thousand more. It was all laughable; even the staid Globe and Mail thought the raids ridiculous, dismissing the police in a 28 January 1964 editorial as a group of "merry men".

During subsequent court proceedings Robertson Davies testified that Fanny Hill was "a Jolly sort of book". Saturday Night editor Arnold Edinborough joined in, praising Cleland's work as "funny, gay and light-hearted." Oh, but then there was the morality squad's Detective-Sergeant William Quennell, who declared that he'd read the book and had found it to be obscene. On 17 February, Judge Everett L. Weaver sided with critic Quennell: "Jollity in its presentation does not purge it of its pornographic taint." Ontarians who have a copy of Cleland's classic need not worry, that December the decision was overturned by the province's Court of Appeal, securing Fanny Hill a place on the bestseller lists.

Chief Justice Dana Porter, father of Julian, father-in-law of Anna.

So, during a week in which the Book and Periodical Council would have me fret over the anonymous Toronto Public Library patron who in 2003 complained about violence in a Richard North Patterson novel, I'll be watching for real threats... and thinking about the words of Chief Justice Dana Porter in rendering the ultimate decision over Fanny Hill:

The freedom to write books, and thus to disseminate ideas, opinions and concepts of the imagination – the freedom to treat with complete candor an aspect of human life and the activities, aspirations and failings of human beings – these are fundamental to progress in a free society.

Going to Bat for Lady Chatte

Six months ago, I criticized the Book and Periodical Council's Freedom of Expression Committee for, amongst other things, its failure to recognize F.R. Scott's defence of Lady Chatterley's Lover. Today, a friend forwards an email, issued on behalf of the Committee last Friday. "Fifty years ago," it begins, "the distinguished lawyer F.R. Scott successfully defended Lady Chatterley's Lover (a novel by D.H. Lawrence) in a Canadian court against a charge of sexual obscenity. Thanks to Scott, Canadians may read this classic of modern literature without suffering any interference from the Canadian state."

Very good.

If only it were true.

Fifty years ago, the event that sparked the court case – the 5 November 1959 police seizure of the novel from Montreal newsstands – had not yet taken place. What's more, the resulting trial, held at the Quebec Superior Court on 12 April 1960, resulted in defeat. Scott's successful appeal "in a Canadian court" – known as the Supreme Court of Canada – took place two years later.

The email's author, a researcher for the Freedom of Expression Committee, ends with these words: "this important legal victory is poorly documented by the historians of literary freedom in Canada. I can't find a decent book about it anywhere. And, to the best of my knowledge, no one has noticed the fiftieth anniversary either."

I share in the frustration. The case demands a good book, perhaps something along the lines of C.H. Rolph's The Trial of Lady Chatterley, which documented Britain's battle over the novel. As for recognizing the fiftieth, I'll open a bottle and toast Scott and his good work on 15 March 2012.

The Committee's email is obviously the result of a botched job, and would hardly be worth mention were it not typical of the inaccurate and incomplete information the body distributes each year in its "Challenged Books and Magazines List". Here's hoping it does further research into Scott and Lady Chatte before next Freedom to Read Week.

Freedom to Read Redux

A few days after the end of Freedom to Read Week and my little rant, I note that Jean-Charles Harvey's account of the suppression of Les Demi-Civilisés has been added to Jean-Louis Lessard's excellent Laurentiana blog. A reminder of a dark time not long past.

Freedom to Read

Jean-Charles Harvey

Bootlegger d'intelligence en période de prohibition

The first day of Freedom to Read Week arrives and thoughts turn away from Paris to works suppressed closer to home. It seems each year we're reminded of Margaret Laurence and the Peterborough Pentecostals, the twisted thinking that places Harry Potter as an agent of atheism and those who fear brainwashing in children's books featuring two daddies. All worthy of attention, of course, but where is the context? We remember the recent decades, providing equal weight to each attempt at suppression, while ignoring past. Thus, the 'Challenged Books and Magazines List' presented by the organizing committee elevates a matter worthy of nothing more than a few words in a community newspaper:

Findley, Timothy. The Wars.

1991 - In Lambton County (ON), a high school student asked that the novel be removed from the English curriculum.

Cause of objection - A passage describes the rape of a Canadian soldier by his fellow officers during World War I. The book was said to pressure students to accept homosexuality.

Update - The school board upheld use of the book at the OAC (formerly Grade 13) level.

Not to say that underage high school students don't pose a real threat to our civil liberties, it's just that I can't help but wonder at the exclusion of works that were challenged by even greater forces. Why no mention of F. R. Scott's skillful defence of Lady Chatterley's Lover before the Supreme Court? Where is Jean-Charles Harvey, whose anti-clerical novel Les Demi-Civilisés cost his position as editor-in-chief of Le Soleil, the post of provincial librarian and the directorship of the Quebec's Office of Statistics?

Figures like Scott and Harvey brought us to where we are today, a time in which stories about gay fathers can be bought in bookstores, a time when thwarted characters can say 'God damn' in a novel. There is drama in their stories, recognition to be made and gratitude to be paid.