Canadian Film Weekly (Sep 6, 1944)

September 6, 1944 Indie Definition Is Disputed (Continued from Page 1) bership of this Board shall con sist of eight representatives named by different branches of the Industry who shall be elected annually by their respective organizations as follows: Two distributors elected by the Film Board of Trade, two representatives named by the two major or affiliated theatre circuits in the territory, and four Independent exhibitors named by theatre associations in the territory.” Quebec Allied recommends that the Board of that territory be set up as follows: “The membership of this Board shall consist of... Two distributors elected by the Montreal Film Board of Trade, three representatives to represent the major or affiliated theatre circuits in the territory, and three Independent exhibitors, all of which are to be elected by Quebec Allied Theatrical Industries.” The number of representatives on the Board and the number of distributor members remains the same as stipulated but Independent and circuit representation is equal, The Quebec association points out that its recommendation should not interfere with fair judgment, since every member of the Board is supposed to be fair in his opinion and advice, regardiess of whom he represents. Definition of Indie Another point of disagreement with the original proposal is made by both the Quebec body and the Motion Picture Theatres Associa- tion of Ontario, both organizations taking a similar view. Clause II, article b, proposes that “An Independent exhibitor is one who operates one or more theatres, none of which is affiliated with any major circuit.” An exhibitor may operate four theatres but if one has a connection with a circuit he is not, according to this definition, an Independent. The exhibitor in this position is therefore without complete representation, since circuit delegates represent only those of the Independent owner’s theatres which have circuit connections, Quebec and Ontario associations, to overcome this, suggest that the clause read: “An Independent exhibitor is one who operates one or more theatres, any of which is not affiliated with any major circuit.” Lack of Product Quebec and Ontario associations differ sharply on Article 5, clause d, which states that “The lack of sufficient pictures to Canadian FILM WEEKLY Censorship (Continued from Page 1) it invades the federal field of criminal law. Most of the points to be determined in the case will apply only to Quebec. But the argument on censorship appears to have general application in most of the provinces of Canada. The Quebec Act is claimed to be unconstitutional because it attempts to confer on a Board of Censors the power to condemn a film as immoral and confiscate it. The Criminal Code, claims the theatre management, sees no offense in any picture unless it has been exhibited and then only if it has violated the laws and rules of common decency and not merely the private and secret opinions of the judges. Bae a * If the final court of appeal in the Empire upholds this contention it will apparently deny the legality of the censorship machinery set up in each province for moying picture films. The first result would be apparently to pass back to the industry itself the responsibility for deciding what pictures violate the rules of common decency. As any pictures exhibited and deemed by law enforcement agencies to be in conflict with common decency would then result in prosecutions, final decision on what violated the rules of common decency would rest with the courts of the land. Out of such decisions would develop a body of legal precedent providing clearer definition of this uncertain term. If it failed to conform to general public opinion there would still be the opportunity for more definite definition by the federal parliament. * oe # At present whenever a film is banned for showing in any province there is always the suspicion that the ban may have been the result of a narrow prejudice that would not have the support of the whole community. Court actions are open to the public, decisions are based on legislation and common law. Pictures are viewed by censors in private, some are banned, others cut but no explanation is normally given to the public. A few years ago when a popular newsreel feature. was tem-~ porarily banned in Ontario it was obviously a case of politics. In other words, censorship of movies now involves more than control of entertainment; it may be used against dissemination of ideas and facts. If our present method of film censorship is upset by the privy council it may open the way for a more intelligent solution of the problem. Capitol, Penticton, B.C., Has 8th Anni Capitol, Penticton, British Columbia, managed by Harry Black, celebrated its eighth anniversary on August 10. The theatre underwent renovations, finished in time for the celebrtion. Davis to Toronto WB Frank Davis, formerly of Winnipeg, has rejoined Warner Brothers after a year in the RCAF. He'll work out of the Toronto branch office. Deveau to Halifax Frank Deveau, manager of the Capitol, Sydney, Nova Scotia, has been transferred to the staff of Capitol, Halifax. Newsreel Sound Will Be Reduced Newsreel sound effects will be brought down to a sound recording level, matching that of entertainment pictures, according to an announcement of a technical sound committee representing the five top newsreel agencies. operate any exhibitor’s theatre is a proper subject for investigation and recommendation.” The Ontario association asks that this clause be eliminated from the present proposals provided that it is brought back as an amendment one year after the Conciliation Boards have commenced operation. Quebec wants it to remain as originally drafted, contending that it is just as applicable now as it will be one year from now. Another point disputed by Quebec is the matter of appear ing before the Appeal Board in Toronto, Parties to any regional dispute are required to give an undertaking that they will comply with the findings of the Appeal Board. An exhibitor who receives a favorable decision in his own territory may feel that he should come to Toronto to assist his case and be thus involved in expense. This exhibitor, Quebec thinks, might be reluctant to bring his complaint before the regional Board and one of the main purposes of the structure would be defeated, Page 3 DAVID COPLAN Copian, who has been acting as United Artists’ managing director in Great Britain, came back to this continent on business with Gradwell L. Sears, distribution chief. He was Canadian chief of UA before taking the British post and visited the domestic scene. Film Men Plan Golf Tourney (Continued from Page 1) Members of the committee to date are Jack Arthur, Famous Players, chairman; Ralph Dale, Odeon; Tom Daley; Imperial Theatre, Toronto: Archie Laurie, Empire-Universal; Martin Bloom, Premier Operating; Sam Fine, B & F Theatres; and Raoul Auerbach, Twentieth Century Theatres. Several more will be added. There has been no such tournament for several years. It is expected that one of the prizes will be the splendid trophy donated by the late N. L. Nathanson. It is now in the possession of Haskell Masters. Because of wartime transportation difficulties and gasoline rationing, play may be limited to a great extent to those members of the industry located in Toronto and nearby, Any would-be entrants, however, who happen to be in Toronto on business at the time will be welcome. There are usually a number of film and theatre men from distant points attending to their affairs in the Queen City, which contains most of the head offices of distributors and large chains, The committee hasn't met vet. When it does its plans will be passed on to all who are interested. It is expected that a considerable number of prizes will be made available.