Canadian Film Weekly (Oct 5, 1960)

October 5, 1960 CANADIAN FILM WEEKLY Page 7 PQ THEATRES (Continued from Page 1) of Quebec. Recent letters to The Star on the subject have mainly been against the ban, although some were from those affected. Theatre safety, the reason for the under-16 ban in Quebec was covered by Strauss, who wrote in part: “Our aisles are as wide as the law decrees fit for safety. Our chairs are bolted to the floor. Our exits are well defined. Our buildings are fireproof (probably safer than your own home). We pay taxes and run a legitimate business and our manner of showing movies should not be compared with any social or religious group. The law as it stands now should be changed. We do not want toleration. This has been an oft used word in the Province of Quebec in the past 20 years. I hope the new government will take steps to have it striken from the dictionary. “It is true that many movies are not suitable for the young mind. These should be stamped ‘Adult Entertainment Only’ as is done in the rest of Canada and a greater part of the entire world. The law would be clearly defined and adhered to. “As it stands now, most theatre operators are law breakers and we do not like it nor can we help it. By the same token, we encourage our children to become liars because by so doing they can gain entry to the theatre and put one over on the manager. This success could encourage the child in other law breaking and the whole episode stinks to high heaven.” Samuel Weiner, Wpg.. Trade Veteran, Dead An exhibitor in Winnipeg since 1914, Samuel Weiner died last week at 80. His theatres, the Starland, Fox and Regent, were part of Western Theatres Ltd. and constituted the Main St. Pool, of which Robert Hurwitz, a nephew, is general manager. His first theatre was the Colonial, a leased house. Surviving are his wife, Ethel; and two nephews, Robert and Harry. The last-named is general manager of Odeon-Morton Theatres, Winnipeg. Astral 16 Mm. Acquires New World Product Astral Films’ 16 mm. division has taken over Canadian distribution of the narrow-gauge product previously handled by New World Films, it was announced last week in Toronto by I. H. (Izzy) Allen, president of the former company. New World released foreign pictures from such countries as Russia, Poland, China, Hungary, Czechoslovakia, France and Germany. A new distribution setup will be organized by Astral for the 16 mm. and a new manager named. An announcement shortly will list the features and shorts, Film Censorship (Continued from Page 1) ship by federal officials also, was not acted on. Morris Schumiaker, who with Duncan Grosch and Joseph G. McIntyre drew up the report, said he would be satisfied with the exchange of views of bar members. Drafting of resolutions based on the report’s recommendations was not called for. A Source of Revenue Canada has eight censorship boards in ten provinces and censorship in nine. Prince Edward Island does not have a censorship board but films shown there must have the approval of the censor of neighboring New Brunswick. Newfoundland has an ‘Act Regarding the Censoring of Motion Pictures” but no regulations have been laid down under it. Censorship fees are collected in all provinces except PEI and Newfoundland. Canadian motion picture distributors have protested at their size, suggesting that no more should be collected than is needed to operate. Censorship should not be used as a source of Provincial revenue, since the distributors give it a tacit acceptance in order that both the governments and themselves be guarded against all sorts of legal action that might originate through crackpots or even wellmeaning persons and clog the courts. In 1955 The Financial Post, Toronto, carried an article on Canadian film censorship, in which it gave the total of fees collected in each province — $661,288 — and the expenses — $284,412. Thus that year film censorship showed a profit of $376,876! ‘‘Chances are that there will be some modification of the system within a few years, probably to a censorship system on a regional basis,’”’ the article said. In that five years film revenues have dropped so sharply that several companies were forced to combine their facilities, eliminating many offices. But there is no reduction in censorship boards or fees. The First Challenge The validity of Canadian film censorship under the law, challenged by Superior Operating Co. Ltd. of Montreal, was never fully settled. Superior Operating, owned by Ben Garson and the late Jules Laine, objected particularly to the law which banned anyone under the age of 16 from Quebec theatres under any conditions. Superior questioned the constitutionality of the Quebec film censorship law because it tries to confer on the board of censors the power to condemn a film as immoral and prevent its exhibition, whereas the Criminal Code, which is federal in its application, 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 film censorship, joined with an objection to the ban on those under 16, was that it was ultra vires under the British North America Act. After winning and losing several legal skirmishes Superior announced that it would continue the battle and take its case before the Privy Council, then our highest legal tribunal, if it had to. This most interesting step never came about. In December of 1944 Odeon Theatres of Canada Ltd., a partnership of Paul Nathanson and J, Arthur Rank, purchased Superior Operating and its eight theatres from Garson and Laine. Odeon, new to this country at the time, did not proceed with the case. In 1949 the Supreme Court of Canada was given most of the powers that had been vested in the Privy Council. Had Odeon proceeded it could be that Canada might have had a decision equivalent to that of the U.S. Supreme Court in 1952 — and had its years earlier. The under-16 ban in Quebec is not related to moral concepts. It was passed because a tragic fire in a Montreal movie house in 1927 cost many children their lives and it is a safety measure, It has not zen strictly imposed, since exceptions have been made from time to time as ‘‘tolerance’’ for Disney films and others of that type. An ironic aspect is that it does not apply to parish halls, which show small-gauge films regularly at a fee — and which aren’t nearly so safe as theatres. Trade, Press and Public The Quebec Allied Theatrical Industries has tried for years to have the ban dropped and the same type of regulations created which exist in the other provinces. They were confident of success and still aren’t sure whether the recent change in governments has done more than delay a remission of the ban. Quite a few letters have appeared in Quebec papers objecting to a continuation of the under-16 ban in Quebec — which, by the way, is the only province or state in the USA and Canada where drive-in theatres are barred. Some of these letters emphasize not only the unfairness of the ban but its stupidity as well. Today films shown first in theatres are seen by all ages in the home. If such films are brought in from the USA they are no longer censored. Since television in Canada is governed federally it is protected from local, provincial or regional censhorship. The other content of TV, much of it direct from the USA, is completely untouched and parental restraint is the only way children can be kept from seeing the things they oughtn’t see. Quebec exhibitors got an unpleasant surprise recently when The Shott Throws A PLEBISCITE for Sunday sports is being sought in Hamilton, Ont. Should Sunday sports be defeated Alderman David Lawrance will seek the closing of the city-owned golf-course on that day. “There is no reason why a man should be able to play golf on Sunday when someone who likes football is prevented from seeing it,” he said. INSURANCE company involved in the Ottawa 1958 explosion whicir destroyed the Odeon Theatre has settled its claim in connection with the theatre for $250,000. The insurance company had settled the Odeon claim a considerable time back and it keeps the $250,000, which represents a settlement. PAUL ANKA is reported joining the cast of the 20th-Fox feature being made in Saskatchewan about the Mounties and the arrival of Sitting Bull and 6,000 Indians after the massacre of Gen. Custer and his troops in 1876. Robert Ryan will star and two Canadians, Scott Peters of Saskatchewan and Teresa Stratas of Toronto will be in supporting roles. Anka will co-star, says an unconfirmed story. Peter Myers, 20th-Fox managing director in Canada, is associate producer of the film, which was written and will be directed by Burt Kennedy. Montreal Star, whose columns have carried letters objecting to the under-16 ban, came out more-or-less for it in an editorial. Here is the last paragraph: “Until there is clearer proof that every Quebec theatre is immune to fires and stampede-proof, and until the tolerance that is given to socalled family shows is tightened up considerably, the law as it stands is a good one. If it needs changing, a higher authority can attend to that. In the meantime, the policeman’s job is to enforce it.” It is hard to think of The Star strengthening its objection to an end of the ban. Its amusement critics and writers have always been cosmopolitan and liberal and its publisher, John G. McConnell, is interested in TV production. Reopening the Question The growing fight for Sunday movies, which is meeting with success, is creating interest in Canadian motion picture censorship. Many printed objections to censorship have been registered, although the Canadian motion picture industry has done no more than ask for lower censorship fees. The suggestion of the Canadian Bar Association’s civil rights subcommittee that film censorship in Canada isn’t valid reopens the question, Perhaps some _ other group will take it to the Supreme Court of Canada for the answer.