Canadian Film Weekly (Feb 27, 1946)

February 27, 1946 Canadian FILM WEEKLY ~ 4s Censorship Unconstitutional? Now, because of this failure to oppose vigorously the actions of those who influence censors, unauthorized interference has grown steadily. The jury system seems to have became a practise in film censorship in Canada. This means inviting the semi-professional and persistent objectors to preview certain films and provide opinion. The censor, of course, does not have to accept their ideas. The film industry is the only one in which censorship is exercised and those who are opposed to it being treated as an exception feel that the ordinary course of law should prevail as it does {in all other cases. It is pointed out that censor boards, created originally as means of overcoming quickly difficulties arising from the fitness of films for public showing, should operate as a non-profit service. In 1944 the ?fotion Picture Censorship and Theatre Inspection branch of Ontario had a revenue of $196,000 against an appropriation of $33,851. Non-profit operation wouid mean lower fees. It is contended that the censor, having been appointed to settle questions arising out of his office, (Continued from Page 1) should do so on his own responsibility and not appease or cater to critics. He is also the representative of the motion picture industry and owes it protection. Peculiarly enough, no nominee of the motion picture industry sits on the censor board, nor is one invited when outsiders are asked to view a particular picture and provide guidance. This despite the fact that the industry pays for the censor board—and provides a profit for it. The question of the constitutionality of motion picture censorship in Canada has been before Quebec courts. In 1944 Superior Theatres, a Montreal circuit, claimed that the Quebec censorship law was unconstitutional because it tries to confer upon the board of censors the power to condemn a film as immoral and confiscate it, whereas the federal code sees no offence until after exhibition and then only if the object exhibited violates the law and the common rules of decency. Superior’s case against censorship was joined with an objection to the law which banned attendance by anyone 16 years of age and under and it was lost. Ben Garson, partner in Superior Theatres with Jules Laine, stated that he intended to carry the fight against censorship to the Privy Council if necessary but shortly after Odeon Theatres purchased the Garson and Laine theatres interests and the matter was dropped. In the USA the defeat of the Post Office’s attempt to ban Esquire Magazine from the mails has led to a review of the film censorship situation and Variety, leading periodical of the theatre industry, quoted Morris L. Ernst, famed legalite and Civil Liberties Union official, as saying that the industry was “cowardly” because “any time it chooses to fight it can stop all pre-censorship by cities, states or the Federal Government.” He said that the Civil Liberties Union and others have for years offered to bring the question before the Supreme Court and prove that “all pre-censorship is unconstitutional.” “That,” Ernst contends, “is the basic difference between our theory of life and totalitarianiem. No film can legally be banned prior to exhibition. The sole power vested in official agencies is to prosecute an exhibitor or distributor for actual obscenity after playing of a film. In the Esquire case, the Court has held that even if Congress wanted to give the postmaster the power te censor in advance, it could not.” Ernst said that “any time a film wants to fight it wins” and branded as shocking censorship of the March of Time, “almost a newspaper.” Canadian exhibitors and film men are not vigorously opposed to maintaining the status quo in the censorship system but they are tired of being a free and easy target with no protection but that provided by ‘themselves. They point out that the Attorney General is now attempting prosecution of publishers, editors and sales outlets for what has been termed “obscene literature,” but that this still undecided case is only now being brought to the courts after these books and pericdicals have been circulating for years. Juve Delinquency On Decrease Despite newspaper stories about increasing juvenile delinquency, much of which they claim is due to the influence of motion pictures, Judge Hawley S. Mott of the Toronto Family Court reports that the court handled 1,165 cases in 1945, a decrease of 179 from 1944 and 1,643 less cases than the figures for 1927. Glace Bay Theatre Damaged By Fire For the second time in six months firemen were called out to battle flames in the Russell Theatre, Glace Bay, NS, recently. Basement and roof were damaged and the screen was destroyed. The house soon reopened. United Managers Elect Officers William Wright was reelected to the presidency at a recent luncheon meeting of the United Theatres Managers’ Association, Montreal. Roger Depocas was elected treasurer, Emil Savard was acclaimed as vice-president and Oscar A, Richards was made secretary. Morrie Katz chaired the meeting. Gabbing with ‘The Face’ Press, trade and radio lads are shown joshing with Anita Colby, famed model and fashion director for the Selznick studios. Miss Colby stirred up censiderable interest in Selznick’s big budget super-special, “Duel in the Sun,” during her stay in Toronto. Seated, left to right—Charles Chaplin, Canadian general manager for United Artists, which company will distribute the film; Anita Colby; and J. K. Thomas, managing editor of New World. Standing, left to right—Larry Stephens, UA public relations chief in Canada; John Nesbitt, Station CHUM; Don Insley, Station CKEY; Jay Smith. Canadian Moving Picture Digest; Hye Bossin, Canadian Film Weekly; Byng Whitaker, Station CJBC; and Peter Myers, UA sales staff. Photo by Howard Anderson ef Canada Pictures (Toronto). Conveys Thanks To Hollywood Thanks for the motion picture capitol’s work in Canada’s war effort was conveyed to Hollywood by J. J. Fitzgibbons, president of Famous Players, who served during the war as chief of the Canadian Motion Picture War Services Committee. Canada’s appreciation for the industry’s preparing special films and trailers which were donated to the Dominion, was accepted by Tom Bailey, Hollywood War Activities coordinator. 20th Century Chain Announces Changes Ed Collins, formerly manager of the Belsize Theatre, has been made relief manager in the western section of Toronto, Twentieth Century Theatres announces. Other changes on the Twentieth chain are: John Kurk, formerly of the Regent, Sudbury, has been appointed manager of the Belsize; Al Hewitt of the Community Theatre, Toronto, has been made manager of the Family Theatre and Ralph Wilson leaves the Family to become manager of the Community; L Tollefson, formerly doorman of the Midtown, Toronto, has been appointed assistant manager to J. Smith of the Kum-C, Toronto