Little Sisters Book and Art Emporium v. Canada (Minister of Justice)

2 S.C.R. 1120 (2002)

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Little Sisters Book and Art Emporium v. Canada (Minister of Justice)

Canada Supreme Court
2 S.C.R. 1120 (2002)

Facts

Little Sisters Book and Art Emporium (Little Sisters) (plaintiff) was a gay and lesbian bookshop in British Columbia owned by two gay men. Founded in 1983, Little Sisters sold a variety of gay and lesbian literature, including erotic literature imported from the United States. Customs officials often seized erotic and non-erotic works imported by Little Sisters. When works were seized, Little Sisters appealed the seizure through an administrative-review process. However, the administrative-review process frequently rejected Little Sisters’ appeals. Little Sisters filed suit against the Canadian government (defendant) under Section 52(1) of the Constitution Act, arguing that the relevant customs legislation violated Sections 2(b) and 15 of the Canadian Charter of Rights and Freedoms (the charter). Little Sisters also sought a declaration that the Canadian government construed the customs legislation in a manner contrary to Sections 2(b) and 15 of the charter. The trial court concluded that customs officials had improperly delayed or confiscated works imported by Little Sisters by concluding the works were obscene, which violated Section 2(b) of the charter. However, the trial court also concluded that the violation was justified under Section 1 of the charter. After the British Columbia Court of Appeal upheld the trial-court judgment, Little Sisters appealed to the Canada Supreme Court. On appeal, Little Sisters argued that the Customs Act violated Section 2(b) of the charter and that this violation of Section 2(b) was not justified under Section 1 of the charter. The government conceded the law infringed upon Little Sisters’ rights guaranteed under Section 2(b) but that the infringement was justified under Section 1 of the charter.

Rule of Law

Issue

Holding and Reasoning (Binnie, J.)

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