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 © 2026 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

Vendo CEO Mitch Platt Reflects on 20 Years of Lessons and Evolution

More than 20 years ago, three entrepreneurs in Barcelona began gathering over beers to pitch, dissect and routinely destroy one another's business ideas. The ritual was simple: One person arrived with a concept, while the other two tried to expose every weakness. Any proposal that survived earned another look. Most did not.

Jackie Backman ·
opinion

How to Avoid the Hidden Risks of AI-Generated Legal Documents

Artificial intelligence can write a contract in seconds, but that does not mean it can write the contract your business actually needs. Across the adult industry, operators, creators and producers are increasingly using generative AI to prepare model releases, performer agreements, privacy policies, takedown notices, employment documents and responses to regulators. The appeal is obvious: Legal work is expensive, AI is fast and the resulting document often looks impressively professional. That polished appearance is exactly what makes the practice dangerous.

Corey Silverstein ·
opinion

How Rolling Reserves Affect Cash Flow and Merchant Stability

You log in to your payment processor’s dashboard, discover they are withholding 10% of your sales, and immediately assume something has gone wrong. In reality, everything is working exactly as intended.

Jonathan Corona ·
opinion

What Federal Age Verification Could Mean for Adult Websites

Our industry has grappled with a patchwork of confusing and burdensome state age verification laws for the past couple of years. But that landscape could change quickly after the House passed the Kids Internet and Digital Safety (KIDS) Act (H.R. 7757) by a vote of 267-117, marking a significant federal step into this space.

Lawrence G. Walters ·
opinion

The Website Footer Requirements Every Adult Merchant Should Know

Since I started in this business 25 years ago, I've watched website footers evolve from a simple collection of links designed to help with SEO into important tools for meeting compliance and regulatory requirements, improving the customer experience and reducing chargebacks.

Cathy Beardsley ·
opinion

Why E-Payment Diversification Matters for Merchant Stability

Match payment methods to your customers. Look at where your customers are located, how they prefer to pay and which products they purchase. A business with significant European traffic may benefit from SEPA or Pay by Bank, while a subscription-based business may prioritize ACH or cryptocurrency. Add the payment methods your customers are most likely to use, as not every option is available.

Jonathan Corona ·
trends

AI at Work: The Tools and Practices Powering Creativity, Commerce and Compliance

For years, artificial intelligence felt like the plot of a science-fiction movie. Pop culture gave us Skynet from “The Terminator,” the replicants of “Blade Runner” and countless visions of machines replacing human creativity altogether. AI was cast as either humanity's next great breakthrough or the beginning of a dystopian future.

Jackie Backman ·
opinion

Key Questions Online Merchants Should Know About PCI Compliance

Choosing a payment provider involves more than comparing features and pricing. It's also about trusting that your customers' payment information is being handled securely. Every August, Segpay is recertified as a Level 1 PCI-compliant service provider, a milestone the company has achieved for the past 20 years. Having helped write Segpay's original PCI policy documents more than two decades ago, I've seen firsthand how PCI compliance has evolved.

Cathy Beardsley ·
profile

New Moon Network's Savannah Sly on Turning Lived Experience Into Advocacy

Savannah Sly is the first to admit she didn't always understand sex work. At 18, she was an art student in Boston, working part-time at a box office and, as she puts it, "broke as a joke." While looking for ways to make ends meet, she often found herself browsing Craigslist's adult ads, intrigued by the women advertising their services.

Jackie Backman ·
opinion

How to Safeguard Your Website Against CIPA Claims

There is a new wave of lawsuits targeting online businesses, including adult websites. These suits involve the California Invasion of Privacy Act (CIPA), and they are becoming increasingly prevalent. In fact, three different clients of my law firm were recently served or threatened with CIPA lawsuits — all in the same week.

Nick Zargarpour ·
Show More