Ontario Limits Film Board's Powers
Can't arbitrarily censor films under new legislation
December 14th 2004 07:49am | Posted by: Robert Falconer HNR Senior Editor
According to the Canadian Press, the Ontario Film Review Board will no longer have the power to arbitrarily censor films under new legislation introduced Thursday in response to a court ruling earlier this year.
Gillian Livingston of the CP reports:
However, the board will still have a role in classifying films, videos, DVDs and video games according to age appropriateness. "The film review board will still have the authority to classify every film," said Consumer and Business Services Minister Jim Watson. "They'll see every film, every film has to be submitted to it."
"But it won't be in a position, unless it's in a breach of the Criminal Code, to disallow a film from being shown in Ontario."
The changes to the legislation stem from a case involving a Toronto bookstore, Watson said.
In April, the Ontario Superior Court ruled the board didn't have the constitutional right to ban films unless they're deemed obscene, and it struck down Ontario's movie rating system.
The case centred on movies distributed by Glad Day Bookstore, which was convicted along with its owner in 2002 of distributing a gay porn film that hadn't been approved by the review board.
When Glad Day appealed the conviction and won, the court gave Ontario a year to make the necessary changes.
"By limiting the Ontario Film Review Board's authority to censor, this legislation also ensures that adults will be able to choose for themselves what film products they see and use," Watson said.
In May, the government decided not to appeal the decision and instead replace its legislation "with a modern and responsive legislative framework that meets the needs of Ontario citizens in the 21st century," Watson told the legislature.
The Theatres Act hasn't been changed in 40 years, he noted.
"Forty years ago, the pictures, as they were quaintly called, bear no resemblance to the films of today," he said.
The proposed bill will also allow Ontario to accept ratings for video games and movies from jurisdictions such as other provinces and the United States.
Acting Opposition Leader Bob Runciman said he's concerned the bill leaves no censorship role for the film board.
"We want to retain in the province some ability to not allow every horrific piece of cellulite to be available to the people of Ontario," he said.
New Democrat house leader Peter Kormos asked how the film board might rate the films “Pinocchio” and “Liar,” “Liar” under the new rules, pointing fun at the Liberals' tag as promise-breakers.
He also raised questions about allowing the film board to use ratings from other provinces or states.
"What we want is made-in-Ontario classifications," he said. "We don't want to willy-nilly adopt classifications created by another jurisdiction."

Source: Canadian Press
In: National News
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