ICC

Langer Paintings/Drawings



Description of the Art Work

Langer's show at the Mercer Union gallery, Toronto, included 5 paintings and 35 drawings which "portray[ed] children and adults in sexual behavior, including sodomy, fellatio and masturbation." (No models were used for production).

Description of incident

Canada's new "Child Pornography and Corrupting Morals Amendment" was passed in June 1993. "The new law makes it a crime to own, make, exhibit or sell anything that depicts a sexual act by anyone under 18. If convicted, defendants face up to 10 years in prison and fines. Exemptions exist for works with artistic merit or an educational, scientific or medical purpose. But the law puts the burden of proof on the accused."

Following the lukewarm review by Kate Taylor, critic for "The Globe and Mail," Langer's work was seized and charges pressed on Dec. 16, 1993, by the police Morality Squad under the authority of John Ferguson, who stated: "It is our feeling that the exhibit is simply not art and falls under the category of child pornography."

"Canada's Charter guarantees belief, opinion and expression but allows imposition of 'reasonable limits' to guarantee other rights. In this delicate balance freedom of expression is often restricted."

Results of incident

Langer was to appear in court January 17, 1994.

Update by David Jones:
The Eli Langer case (39 paintings and sketches seized from an art gallery in Toronto Canada) has been resolved. Judge McComb handed down a decision that Langer's work was indeed art and *NOT* child pornography.


Source: New York Times, 7/94


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Record no 305