Criminal Law

R. v. Paintings, Drawings and Photographic Slides of Paintings

On December 14th 1993, readers of the Globe and Mail awoke to the headline “Show Breaks Sex Taboo.” The article covered an art exhibition on display at the Mercer Union Gallery by artist Eli Langer, dealing with sexual themes involving adults and children. The article led to an angry call to the police, and the resulting investigation led to the seizure of 40 paintings and drawings and Mr. Langer and the Gallery’s director being charged under the obscenity and child pornography provisions of the Criminal Code.

Eventually the charges against Langer and the gallery director were dropped, but the Crown refused to return the artwork and sought the forfeiture of the paintings so they could be destroyed. In effect, the artwork itself was on trial. The Court denied the application, holding that the forfeiture provisions violated Mr. Langer’s and the Gallery director’s right against unreasonable search and seizures and right to freedom of expression.

Langer and his artwork were represented by Frank Addario and Paul Burstein.

Click here to read the case.