Intellectual freedom statement adopted by Ontario Library Association in 1963

Throughout the 1950s and early 1960s, the Ontario and Canadian library associations formed specific committees to deal with the issue of obscene literature and censorship. At mid-century, many librarians reasoned they were selecting books, not prohibiting access or advocating freedom. They worked within an environment where Canadian law did not always always ensure civil rights and liberties for everyone. In this situation, library neutrality was often cited as the best course. Most librarians believed in the concept of treating patrons equally and providing resources for multiple viewpoints. During this period, the general stance by both associations was to issue reminders that self-censorship by librarians in book selection was often a greater threat to intellectual freedom than actions by external local groups, governments, or federal laws. “Watch and ward” became a byword for both the OLA and the CLA when periodic eruptions of censorship occurred that involved libraries. In principle, the library stood as a watchman protecting the public from harm. The associations felt that the answer to a bad book was a good book.

    Of course, “bad books,” even ones legally published, often could not be found on library shelves. An experienced librarian, Grace Buller, in her 1974 court testimony, said, “when I first went to the Toronto Public Library in 1949, we didn’t have a copy of Steinbeck’s The Grapes of Wrath.” William Riggs, a Windsor trustee, told journalists at the OLA’s 1951 conference that, “we know librarians sometimes hide books containing strong language under the counters, and often refuse to give out literature on specialized subjects [e.g., birth control] to groups requesting it.” In the late 1950s, Vladimir Nabokov’s critically acclaimed but contentious novel, Lolita, presented difficultly for library selectors: a survey in 1959 revealed only four of twelve libraries in the metropolitan Toronto area had the book available. Sometimes, libraries complied with police investigations: the Toronto Public Library Board surrendered copies of Henry Miller’s Tropic of Cancer in 1961 after Canada Customs ruled it ineligible for importation.

5th edition, Paris, 1938

     In Ontario, film censorship and restrictions on access by classification was more evident until 1960, when the Ontario Attorney-General formed an advisory body, the Obscene Literature Committee, to review controversial books or periodicals and the “pulps.” Book publishers and distributors mostly welcomed the committee’s reports to the Attorney-Generals office because it was a way to avoid expensive, time-consuming legal proceedings. The OLA also believed this provincial administrative process was reasonable and requested a librarian be appointed. Robert B. Porter, the chief librarian at Peterborough Public Library, joined the committee in May 1960. He had served as a lieutenant with the Regina Rifles when the regiment landed on D-Day, June 6th 1944. He had also been a member of the OLA’s Intellectual Freedom Committee in the late 1950s. Like many librarians, indeed most citizens, Porter was reluctant to alter existing conditions in the sphere of intellectual freedom but he was also fair-minded. In many ways, library trustees and librarians preferred consensus based on local, fluctuating “community standards.” Ontario libraries seldom rose to the defence of controversial books or authors. A notable exception occurred in 1955 in Flesherton when the library board and the librarian successfully defended the removal of several books accused of promoting “atheism, profanity and sex.” On balance, Robert Fulford’s 1959 assessment in the Toronto Star was well founded: “Libraries, in this country at least, have never been in the vanguard of the fight against censorship.”

    However, the OLA’s Intellectual Freedom Committee began to adopt a more proactive course after the Supreme Court of Canada narrowly ruled (5–4) Lady Chatterley’s Lover, a novel by D.H. Lawrence, was not obscene in March 1962 because, on balance, it was a serious work of literature. Shortly afterwards, the committee members decided it would be an appropriate time to state clearly OLA’s policy on the question of intellectual freedom and to issue a statement on its position. A new committee chair, Peter Revell, London Public Library, forged ahead for the 1963 annual meeting in Kitchener. He was an English librarian working on his MA in literature at the University of Western Ontario. Revell was familiar with censorship issues and would later pen a short article, “Propaganda and Pornography,” in Library Journal. The OLA committee members worked through 1962–63 to agree on a policy statement. Then, at the first session of the OLA annual general meeting on May 29, 1963, in the theatre-auditorium of Waterloo Lutheran University [now Wilfrid Laurier University], the following statement on Intellectual Freedom was passed by the unanimous vote of the members present.

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ONTARIO LIBRARY ASSOCIATION STATEMENT ON INTELLECTUAL FREEDOM, MAY 1963

In affirming its support of the fundamental rights of freedom of the press and freedom to read, the Ontario Library Association declares its acceptance of the following propositions:

(i ) That the provision of library service to the Canadian public is based upon the right of the citizen, within the limits of the law, to judge for himself on questions of politics, religion and morality.

( ii ) That it is the responsibility of librarians to maintain this right and to implement it in their selection of books, periodicals, films and recordings, subject only to the provisions of federal and provincial laws governing the suppression of treasonable, seditious and obscene literature.

(iii) That freedom of the press requires freedom to examine other ideas and other interpretations of life than those currently approved by the local community or by society in general, including those ideas and interpretations which may be unconventional or unpopular.

(iv) That freedom of the press requires freedom of the writer to depict what is ugly, shocking and unedifying in life when such depiction is made with serious intent.

(v) That the free traffic in ideas and opinions is essential to the health and growth of a free society.

(vi) That it is therefore part of the library’s service to its public to resist any attempt by any individual or group within the community it serves to abrogate or curtail the freedom to read by demanding the removal of any book, periodical, film or recording from the library.

(vii) That it is equally part of the library’s responsibility to its public to ensure that its selection of materials is not unduly influenced by the personal opinions of the selectors, but determined by the application of generally accepted standards of accuracy, style and presentation.

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    There was little public fanfare about the OLA Statement on Intellectual Freedom. The OLA was a small body of less than a thousand members. A few newspapers in Toronto, Kingston, Brantford, Kitchener, North Bay, and Windsor covered the new policy with brief articles. Yet, the statement marked a new era in thinking about censorship issues for Ontario’s libraries. It provided library boards with a framework, which was non-binding, to develop local formal policies on collection development and defend contentious purchases. In line with contemporary attitudes on social responsibility, it evoked a different approach to censorship and free expression. No longer would it be sufficient to guard ever changing community “standards.” A more proactive approach was necessary to allow freedom of expression for authors and the legal circulation of unconventional materials to the public. The public, not librarians, would judge the morality of an author’s work.

    Of course, the Ontario library declaration coincided with the liberalization of Canadian law in terms of censorship, obscenity, and customs seizures. The OLA statement arrived several months before police in Richmond Hill and Toronto confiscated John Cleland’s Memoirs of Fanny Hill at the end of 1963 and the start of 1964. The novel made a long transit through the court system until December 1964 when the Ontario Supreme Court ruled Fanny not obscene. Later, in 1964, two years after Lady Chatterley’s Lover was legalized by the Supreme Court of Canada, the Ontario Obscene Literature Committee ruled that Henry Miller’s Tropic of Cancer and Tropic of Capricorn were serious works of literature that could circulate and be sold in Ontario. The threat of criminal prosecution for publishers or distributors was thereby lifted for similar works and more permissive standards adopted.

    The OLA Intellectual Freedom Statement served Ontario libraries for three decades before major changes were introduced. While many library selectors continued to rely on various interpretations of “library neutrality,” their arguments on selection could be sharpened by reference to the “standards of accuracy, style and presentation” that the statement advocated. Of course, complaints about books continued to erupt from time to time, Xaviera Hollander’s The Happy Hooker being a case in point. In the early 1970s, it was apparent that reliance on a statement alone was not sufficient—libraries and the OLA needed to respond forcefully when censorship challenges arose. The 1972 OLA Kingston conference theme was Intellectual Freedom and Censorship. A revised statement was prepared for approval but, ultimately, rejected by the membership: some delegates believed its principles actually interfered with a librarian’s decision in the selection of library resources. However, the OLA original statement would be revised to suit changing legal definitions and societal changes. The development of the Canadian Charter of Rights and Freedoms and passage of the Constitution Act in 1982 followed by the growth of the Internet in the mid-1990s accentuated new issues, such as access and social responsibility. In 1990, the OLA issued an Intellectual Freedom Handbook to assist libraries with the changing times. The OLA statement was revised in 1990, 1998, and more recently in 2020 to reflect the rights of individuals as well as the concept of intellectual freedom in a democratic society. Still, there are recognizable passages from the 1963 version, especially the first and fifth clause, that continue to resonate six decades on.

    The OLA spokesperson on censorship in the mid-1960s, Peter Revell, returned to Britain to earn a PhD in librarianship at the University of Wales. He published important studies about American poetry and was chief librarian at Westfield College (London) from 1975 until his death in 1983. The Obscene Literature Committee continued its work until 1972 when it was dissolved because it was no longer needed. Bob Porter continued at Peterborough until his retirement announcement in 1980. He died in 2010.

Further reading:

The current Ontario Library Association Statement on Intellectual Freedom and the Intellectual Rights of the Individual (2020)

Peter Revell, “Censorship Facts.” Ontario Library Review 46 (May 1962): 95–96

Peter Revell, “Viewpoint: Propaganda and Pornography.” Library Journal 88 (October 1, 1963): 3562 and 3585.

D. Granfield and N. Barakett, Intellectual Freedom Handbook (Toronto: Ontario Library Association, 1990)

Pearce J. Carefoote, Forbidden Fruit: Banned, Censored and Challenged Books from Dante to Harry Potter (Toronto: Lester, Mason & Begg, 2007)