Canada Post stamps warning on solicited mail
FREEDOM OF EXPRESSION / Addressed admail with sexual content needs 'adult material' stamp, agency says
Shauna Lewis / Vancouver / Monday, January 04, 2010
Share |

Gay retailer Priape distributes four catalogues a year to customers who have asked to be placed on its mailing list.
One of Canada’s largest gay sex shops is questioning Canada Post’s requirement that any admail with even a hint of sexuality be placed in an opaque envelope marked “adult material” — even if the mail is addressed and solicited. 
 
Priape’s director of marketing and planning says the postal agency’s new policy requiring warning labels on already-opaque envelopes is causing concern throughout the gay store’s customer base.
 
It’s hard on business, says Daniel St-Louis. “We guarantee discretion and envelopes that don’t contain anything but a return address.”
 
Priape specializes in gay, leather and SM clothing, sex toys and porn and has stores in Montreal, Vancouver, Toronto and Calgary. It also distributes four catalogues a year to customers who have asked to be placed on its mailing list. 
 
St Louis says Priape never had any problems sending the catalogues — which are addressed, solicited and placed in “inconspicuous envelopes” — as bulk mail through Canada Post. Until last January.
 
That’s when he noticed some catalogues that had been returned to the store had been stamped with a warning: “Adult material.”
 
The warning stamp stems from a court challenge to Canada Post’s “Non-Mailable Matter” policy in 2006. BC’s Sex Party challenged the policy after the postal agency refused to deliver one of its political pamphlets containing images of potentially erotic art, including a photo of a doorknob in the shape of a penis.
 
Canada Post rejected the pamphlet because, according to its admail policy at the time, it “will not knowingly deliver offensive articles that contain sexually explicit material.”
 
Ruling that the corporation’s restrictions were “impermissibly vague,” federal court Justice Michel Beaudry gave Canada Post six months to clarify its regulations and define what counts as “sexually explicit.”
 
Canada Post subsequently offered the court the following definition: representations of nudity suggestive of sexual activity, representations of sexual intercourse, and written text describing sexual acts in a way that is more than technical.
 
Had that definition been included in the corporation’s regulations to begin with, Beaudry said he would have dismissed the Sex Party’s complaint outright.
 
Imposing certain conditions on the distribution of sexually explicit material is demonstrably justifiable in a free and democratic society, he ruled.
 
Canada Post’s revised policy, implemented in July 2008, now states that all admail containing images or representations of nudity “that are suggestive of sexual activity,” images or representations of sexual intercourse, and text that “describes sexual acts in a way that is more than purely technical” must be enclosed in an opaque envelope marked “adult material.”
 
The policy does not distinguish between addressed and unaddressed admail.
 
“The whole thing is just bogus,” says Sex Party leader John Ince.
 
The regulations placed on adult sexual imagery are greater than the ones placed on images of environmental destruction and war, he says, adding that “sex negative attitudes are not appropriate for public policy.”
 
The issue now, says Ince, is that even customer-requested admail has to be stamped with warnings of sexual content.
 
“We have received complaints from our customers,” St-Louis says. “For certain people [the warning label] carried problems.” 
 
The policy is “prejudicial to our business activities,” he says. 
 
He wonders what the rationale is behind Canada Post’s strict regulation of sexual content.
 
A spokesperson for Canada Post says she suspects the warning labels are a safety precaution. “If you send it to a family and the children open the parcel, now that could be a problem,” she suggests. She promised to get back to Xtra West with more information by press time. She didn’t.
 
St-Louis sees irony in that explanation. “Kids will jump on it,” he says, adding that labelling the envelope “goes against the issue of keeping it discreet.” 
 
To avoid customer concerns, St Louis says Priape tried to “work around” the labelling policy, even going so far as to mail one catalogue through Canada Post’s first-class mailing system, which cost Priape 50 percent more than general delivery.
 
Canada Post’s strict sexual warning policy has driven Priape to “re-examine mailing as a tool to communicate with [its] customer base,” St Louis says.
 
He says the store will continue to use the internet to communicate with its clientele but acknowledges that not all customers have internet access and others simply prefer to receive mailed catalogues. 
 
Priape’s head office has met with Canada Post to examine its options, St-Louis adds.
 
“We’ve been able to identify alternate strategies to mitigate part of the problem,” he says. He wouldn’t divulge what the strategies are but says Priape is evaluating the labelling issue to see if it infringes on human rights and freedoms. 


Share |


Reader Comments


 
As it should be!
This policy by Canada Post is neither homophobic nor prudish. It is common sense. People who have kids in their homes don't need them "discovering" sexually explicit materials coming in the mail. By placing a sticker saying "adult material", the post office is merely doing what Canadian law requires. The consumer is protected by the notification on the envelope. If you don't like it, then too bad. We cannot have young kids being inundated with explicit and obscene material. While I consider myself a staunch gay liberationist, I also defend the right to decency in advertising.
Kieran Earles, Mount Pearl Newfoundland
01/04/10 1:29 PM EST
Report this comment to moderator.
Stupid interference by the state
This additional requirement is stupid and violates privacy in the mail system (i.e. the content inside an envelope is generally private between the recipients). If an adult with children is receiving such SOLICITED mailers, handling the situation where a minor accesses that material is a consideration that individual adult, not for the state (Canada Post). Canadians do not need more nannying to allay hysterical fears about "the children."
Dan, Toronto ON
01/04/10 2:05 PM EST
Report this comment to moderator.
Dan's right
Why does Canada Post even have the ability to open printed matter? Canada claims to have free speech, and privacy, but here's more evidence that it does not have either. Canada Post should also not have the ability to label envelopes with anything unrelated to their delivery of mail. Labelling of adult material on mail that is already addressed to an individual serves absolutely no mail delivery purpose.
Randy, Windsor ON
01/04/10 11:56 PM EST
Report this comment to moderator.
Srsly?
Clearly the people who wrote this regulation have no recollection of being sexually-rambunctious adolescents. Kids are going to see the 'adult material' sticker and positively jump to open it. Duh.
Reality Check, Brooklyn New York
01/07/10 9:59 PM EST
Report this comment to moderator.
All In The Family
Regarding the first comment titled "As it should be!": If kids at home are opening mail that is not personally addressed to them, there are far more serious problems in that home than kids viewing "adult material."
Charles, Toronto Ontario
01/13/10 5:28 PM EST
Report this comment to moderator.
Consistent Homophobia in Canada
Despite the rulings of several courts, including the Supreme Court of Canada forbidding censorship of sexual materials in regard to the Canadian Border Services, and in other local courts, our system of government seems to favor disregarding legal findings in favor of the right wing bigots who really rule this place. Shame on you. You are not Canadian, you are below third world and mindless of the Charter of Rights and Freedoms, which you have obviously not embraced as a nation or as a people. Shame on Canada for allowing Canada Post to threaten gay business while my mailbox in flooded with crap from Canadian Tire. Tons of crap like the crap in Canada Post's Executives brains. Crap nonetheless!
Mark, Toronto Ontario
01/17/10 12:14 AM EST
Report this comment to moderator.
get OUT Mark
Get out of my country you piece of shit.
ron, Vancouver Bc
01/18/10 4:31 AM EST
Report this comment to moderator.
This is bs.
I wonder if Men's Health is going to be stamped and enveloped, or Cosmo, or any other main stream heterosexual magazine. I think not, it's likely only going to be queer publications. They are going to target queer publications cause I'm sure they aren't going through everything. They are going to lump us in with playboy and the such cause you know queers are just filthy. Just another small jab to the queers. Soon we won't be able to send anything through the mail. I mean what about the newspapers with "escort" ads in the back? Those too? How about sears catalogs with all those women and men in their underwear, holy snap. Anything in the name of "the children" cause you know you can't argue anything done in the name of children. That shit will screw a kid up for life. And if these are young children like 5 and younger who don't know better than not to open everything they aren't going to be able to read it or understand it. And if they are older they should understand that that mail is their parents and they aren't supposed to open it. It's not like they can open it and seal it again without people knowing. They will get in trouble and not do it again.
Dylan, Vancouver British Columbia
01/20/10 7:14 AM EST
Report this comment to moderator.
@ Dylan
Word.
Kookie, Vancouver BC
01/20/10 7:16 AM EST
Report this comment to moderator.
Fvck censorship
If an envelop with a sticker that says "Adult Material" comes into a house where there are children who could read, chances are the kids will deliberately open the envelop. Get real. How real? Well, I for one suspect that religion is behind this, the same religion that has suppressed human sexuality and still teaches that it is evil. I would suggest that all unsolicited mail that contains religious material be stamped with a label that says "Adult Material", because religion causes more problems in families and in society than what happens in the privacy of the nation's bedrooms. And I sure wouldn't want my kids seeing the weird imagery that passes for religion, e,g. men wearing far-out dresses and carrying on like they never had a hard-on in their lives. Religion has been blaming homosexuality for every natural disaster in history. Would you want your children to read stuff like that? Religion incites violence by nurturing homophobia; it should be declared illegal as well as a mental illness. Moreover, the Canadian educational system should re-evaluate and update its sexual education programs to validate the entire spectrum of sexual orientations instead of traumatizing gay youths with classroom and schoolyard intimidation and bullying. Who the hell gave Canada Post the mandate to define what's right or wrong? What difference does it make to a heavily unionized postal clerk what an envelop contains. I'd like to have a look inside his/her paycheck envelop to see how much of my tax dollars are being wasted on such asinine service.
J.P. Dugas, Bathurst N.B.
01/30/10 9:26 PM EST
Report this comment to moderator.