December 21 Toronto The new trial […]

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When

1981-12-21

Description

December 21 Toronto The new trial date for PTP / Body Politic was set for May 31, 1982. On that date the Body Politic and three officers of PTP (Gerald Hannon, Ed Jackson, and Ken Popert) went to trial a second time to face charges of using the mails to transmit immoral and indecent material. On June 3, 1982, Provincial Court Judge Thomas Mercer acquitted the publication's three officers, ruling that the appearance of their names in the masthead did not prove their personal involvement, and on June 15, 1982, acquitted PTP of the charges. Mercer ruled that "Men Loving Boys Loving Men" "does, in fact, advocate pedophilia" but would be tolerated by the Canadian community. The Ontario Attorney General's ministry appealed the June 15 decision on July 13, 1982, asking that the court substitute a conviction on the charge of mailing indecent, immoral, or scurrilous material. On September 15, 1983, Ontario County Court Judge Patricia German heard the Crown's appeal of the June 15, 1982, acquittal. She ruled that Judge Mercer had not erred in the law in dismissing the charges, and upheld the acquittal. The Crown did not appeal the case, and as the Body Politic concluded in its November 1983 issue, "After almost six years, two provincial court trials, three other separate court actions, six appeals, two trips to the Supreme Court of Canada, and more than $100,000 in legal bills, it was finally over."

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November 24 Toronto PTP officers […]October 6 Ottawa Three justices of […]February 29 Toronto County Court […]

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Toronto

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Patricia German Thomas Mercer Ken Popert Ed Jackson Gerald Hannon

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Ministry of the Attorney General Provincial Court of Ontario / Ontario Court of Justice Supreme Court of Canada Government of Canada Pink Triangle Press

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The Body Politic

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Men Loving Boys Loving Men

All Citations

Barrie Zwicker, "The Body Politic Acquittal," SIECCAN Newsletter, 17, no. 2 (Fall 1982): 5–6.Glenn Wheeler, "Three Men Freed in Obscenity Trial but Judgment Held on Pink Triangle," Globe and Mail, metro ed., 4 June 1982, p. 14 Tom Warner, Never Going Back: A History of Queer Activism in Canada (Toronto: University of Toronto Press, 2002), pp. 116–17 Rhonda Sussman, "Gays Face More Trials," Toronto Clarion, 4 June 1982, p. 7 R.S. (Roger Spalding), "May 31 Trial Date Set for TBP's Next Round," Body Politic, no. 81 (1982), p. 18 Roger Spalding, "Double Victory over Double Jeopardy: TBP Acquitted Yet Again on 1978 Charge," Body Politic, no. 85 (1982), pp. 7–8 Cathy Smith, "Gay Paper Beats Bum Rap," Toronto Clarion, 2 July 1982, p. 7 Lorne Slotnick, "New Appeal Launched to Obtain a Conviction against Paper for Gays," Globe and Mail, metro ed., 14 July 1982, p. 5 "The Second Time Around" (editorial), Body Politic, no. 85 (1982), p. 6 "Prosecution Complex" (editorial), Globe and Mail, metro ed., 19 July 1982, p. 6 Craig Patterson, "TPB's (sic) Final Acquittal: The High Cost of Winning... Again," FUSE, November–December 1983, p. 133 Craig Patterson, "Still Not Guilty after All These Years," Body Politic, no. 98 (1983), pp. 11–12 Craig Patterson, "Facing Off against Triple Jeopardy: Disbelief and Anger Greet Appeal of Second TBP Acquittal," Body Politic, no. 86 (1982), p. 9 "Magazine Officers Beat Indecency Rap: Body Politic 'Boy Love' Story," Toronto Sun, 4 June 1982, p. 64 Jack G. Layton, "Vindictive Appeal" (letter), Body Politic, no. 86 (1982), pp. 4–5 "Judge Says Story on Sex with Boys Was Not Indecent," Toronto Star, afternoon ed., 16 June 1982, p. D19 "Judge Clears Homosexual Magazine," Toronto Sun, 16 June 1982, p. 23 Rick Haliechuk, "Province Isn't Harassing Homosexuals: McMurtry," Toronto Star, afternoon ed., 29 July 1982, p. A10 "Gay Newspaper Faces Court Again," Globe and Mail, metro ed., 1 June 1982, p. 4 Stephen Dale, "Toronto Magazine in Court," NOW Magazine, 3–9 June 1982, p. 6 "Crown Appeals Judge's Ruling on Body Politic," Toronto Sun, 15 July 1982, p. 13 "Body Politic Staff Cleared of Obscenity, Magazine to Stand Trial," Toronto Star, four star ed., 4 June 1982, p. A22 The Body Politic Free the Press Fund, "If You Liked Winning in 1979, You're Going to Love It in 1982" (advertisement), Body Politic, no. 78 (1981), p. 2 "Body Politic Cleared in 2nd Obscenity Trial: May Sue McMurtry," Globe and Mail, metro ed., 16 June 1982, p. 4 Michael Barrett, "The Body Politic Obscenity Trial: A Real-life Demonstration of the 'Political' Model of Normality," SIECCAN Newsletter, 17, no. 2 (Fall 1982): 1–4, 6 "Another TBP Trial, Another Not Guilty Verdict," Body Politic, no. 89 (1982), p. 11

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Thomas Mercer

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