profile

An Adult Sanctuary: 1

After President Bush's re-election, there was much talk of many liberal Americans contemplating a possible move to Canada. The Canadian government's immigration website reported a sudden increase in inquiries from the United States from roughly 20,000 per day to 115,000, and three months after the election, Vancouver, B.C.-based immigration lawyer Linda Mark told the New York Times that the number of Americans submitting immigration papers was "three or four times higher than normal."

But how liberal is Canada when it comes to adult entertainment? And for the adult-oriented entrepreneur who fears a crackdown on adult entertainment during Bush's second term, would Canada be a better or worse place to do business?

John Ince, a Vancouver-based attorney and sexual-freedom activist who owns an erotic art store called the Art of Loving, believes that whether Canada is more or less tolerant of adult entertainment than the U.S. is a complex matter with many variables.

"When it comes to adult entertainment in Canada, it is hard to generalize and give pat answers because the regulations can vary from province to province," Ince said, adding that there can be a considerable difference between how adult entertainment is treated in Vancouver, which he describes as "by far the most liberal city in Canada," and Montreal versus the generally more socially conservative Maritime Provinces.

Randy Jorgensen, CEO of Canada's Adults Only Video retail chain, agrees, claiming that Canada and the U.S. both have their good and bad points where adult entertainment is concerned.

"On the whole, the U.S. is more liberal than Canada when it comes to adult entertainment, but I'm being very general when I say that," Jorgensen said, whose AOV chain boasts at least 55 stores in Canada.

"There isn't any part of Canada that is as restrictive as Texas and some of the Bible Belt states in the U.S., but Canada on the whole is less tolerant than the more liberal states in the U.S., such as California and New York. There are some productions that are allowed in parts of the U.S. that aren't allowed anywhere in Canada — urination and fisting and those types of things are generally edited out of Canadian productions."

Professor Michael Geist of the University of Ottawa's law school noted that the Christian Right has very little influence in Canada, so in many respects, Canada can be more socially liberal than the United States. Case in point: Janet Jackson exposing part of her right breast was never an issue and same-sex marriage has fairly strong public support. But while Canada is generally more tolerant when it comes to homosexuality and Jackson's breasts, adult industry supporters say it can become much less tolerant if one ventures into S&M-oriented material.

"The court decisions in Canada have been very clear: If there's any bondage, there cannot be sex — and if there's any sex, there cannot be bondage," Jorgensen said. "Bondage is OK and sex is OK, but you can't put them together. The same thing applies to depictions of violence. If you're depicting violence and sex together in Canada, you're breaking the law."

Los Angeles-based First Amendment attorney Gregory Piccionelli said that Vivid Entertainment and other companies creating mainstream adult entertainment probably wouldn't face much opposition from Canadian authorities if they moved to Toronto or Vancouver. But Piccionelli warned that companies providing kinkier material might face legal problems in that region where opposition would be more likely to come from a left-wing, "politically correct" perspective than a Religious-Right, moralist perspective.

As an example, on Nov. 27, 2002, Donald Smith of Woodyatt, Ontario, was found guilty on four counts of making, possessing and distributing obscene materials.

The materials in question were three films available to age-verified members of Smith's now-defunct website that showed a dramatization of male predators surprising and killing scantily clad and semi-nude women, often by shooting or stabbing them in the genitals.

More than 2,000 subscribers paid about $30 (U.S.) to view the videos after going through three pages of warnings and age verification.

Smith was fined an amount equal to roughly $60,000 (U.S.), put on probation for three years and forbidden from using the Internet or ever again being involved in an Internet venture. In addition, he was prohibited from having a computer in his home.

In part two we'll look at the realities of relocating to Canada in order to escape US laws.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

WIA Profile: Reba Rocket

As chief operating officer and chief marketing officer of Takedown Piracy, long at the forefront of intellectual property protection in adult entertainment, Rocket is dedicated to safeguarding the livelihoods of content creators and producers while fostering a more ethical and sustainable industry.

Women In Adult ·
opinion

Protecting Content Ownership Rights When Using AI

In today’s digital age, content producers have more tools at their disposal than ever before. Among these tools, artificial intelligence (AI) content generation has emerged as a game changer, enabling creators to produce high-quality content quickly and efficiently.

Corey D. Silverstein ·
opinion

How Payment Orchestration Can Help Your Business

An emerging payment solution is making waves in the merchant world: the payment orchestration platform (POP). It’s quickly gaining traction as a powerful tool for managing online payments — but questions abound.

Cathy Beardsley ·
opinion

Fine-Tuning Refund and Cancellation Policies

For adult websites, managing refunds and cancellations isn’t just about customer service. It’s a crucial factor in maintaining compliance with the regulations of payment processors and payment networks such as Visa and Mastercard.

Jonathan Corona ·
profile

WIA Profile: Laurel Bencomo

Born in Cambridge, England but raised in Spain, Laurel Bencomo initially chose to study business at the University of Barcelona simply because it felt familiar — both of her parents are entrepreneurs. She went on to earn a master’s degree in sales and marketing management at the EADA Business School, while working in events for a group of restaurants in Barcelona.

Women In Adult ·
profile

Gregory Dorcel on Building Upon His Brand's Signature Legacy

“Whether reflected in the storyline or the cast or even the locations, the entertainment we deliver is based on fantasy,” he elaborates. “Our business is not, and never has been, reality. People who are buying our content aren’t expecting reality, or direct contact with stars like you can have with OnlyFans,” he says.

Jeff Dana ·
opinion

How to Turn Card Brand Compliance Into Effective Marketing

In the adult sector, compliance is often treated as a gauntlet of mandatory checkboxes. While it’s true that those boxes need to be ticked and regulations must be followed, sites that view compliance strictly as a chore risk missing out on a bigger opportunity.

Jonathan Corona ·
opinion

A Look at the Latest AI Tools for Online Safety

One of the defining challenges for adult businesses is helping to combat the proliferation of illegal or nonconsensual content, as well as preventing minors from accessing inappropriate or harmful material — all the more so because companies or sites unable or unwilling to do so may expose themselves to significant penalties and put their users at risk.

Gavin Worrall ·
opinion

Know When to Drop Domains You Don't Need

Do you own too many domains? If so, you’re not alone. Like other things we accumulate, every registered domain means something to us. Sometimes a domain represents a dream project we have always wanted to do but have never quite gotten around to.

Juicy Jay ·
opinion

Understanding 'Indemnification' in Business Contracts

Clients frequently tell me that they didn’t understand — or sometimes, even read — certain portions of a contract because those sections appeared to be just “standard legalese.” They are referring, of course, to the specialized language used in legal documents, including contracts.

Corey D. Silverstein ·
Show More