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Jim Deva


Little Sister's Book and Art Emporium, also known as Little Sister's Bookstore, but usually called "Little Sister's," is an independent bookstore in the Davie Village / West End of Vancouver, British Columbia, Canada, a predominantly gay community. The bookstore was opened in 1983 by Jim Deva and Bruce Smythe, and its current manager is Janine Fuller.

The bookstore is famous for being embroiled in a legal battle with the Canada Border Services Agency over the importation of what the agency has labeled "obscene materials". These materials, nearly all dealing with male-male or female-female sexuality, were routinely seized at the border. The same publications, when destined for mainstream booksellers in the country, had often been delivered without delay or question.Glad Day Bookshop, an LGBT bookstore in Toronto, has faced similar difficulties.

... [A]lternative culture and lifestyles, including manuals and handbooks on safe sex (?!) were proclaimed indecent by someone who has no right to judge them in his/her bias/bigotry, which violates the anti-discrimination protection of the Charter of Rights and Freedoms guaranteeing equality of all Canadians. Not to mention that five out of ten provinces (plus one of the two territories) explicitly forbid discrimination based on sexual orientation.

Little Sister's filed their claim against the federal government in 1990, but the case stalled and was not heard until October 1994. The trial concluded in January 1996 with a judgment for the plaintiffs. The court found that Little Sister's shipments had been wrongly delayed or withheld due to the "systemic targeting of Little Sisters' importations in the Customs Mail Center."

In 2000, the case was heard in the Supreme Court of Canada. The court found that the customs has targeted shipments to the bookstore and attempted to prevent them from getting in. Consequently, the government was found to have violated section 2 of the Charter. However, the violation was justified under section 1. The case established that the onus of proving that expressive material is obscene lies with Canadian Customs.


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