On January 12, The Sex Party sued Canada Post in Federal Court over its decision refusing to deliver the Party's political leaflet as unaddressed mail in the upcoming federal election.
The Sex Party, a registered political party in British Columbia that fielded three candidates in the provincial general election and is seeking federal registration, sought to distribute a tasteful, artistic and informative leaflet to voters in the federal contest.
Canada Post officials refuse to deliver as unaddressed mail any material, regardless of its political or cultural value, that has sexual content.
The unaddressed mail program is a vital part of the communication strategies of most political parties in Canada and has a long history as a medium of political expression.
The post office's unaddressed mail program reaches almost every household in the nation, with an audience equivalent to that of the entire radio, or television or newspaper industry. But unlike those media in which advertisers have a wide range of choice, Canada Post has an almost total monopoly over unaddressed mail. It has exclusive access to over five million letter boxes in the nation. No other government agency so dominates a medium of such political importance.
Canada Post regulations give postal officials unfettered power to accept or reject any material as unaddressed admail. If for any reason postal executives wanted to prohibit delivery of a pamphlet of the Conservative Party or NDP, they have the power to do so.
The Party contends that the lack of any limitation on the power of postal officials to censor political information tendered as unaddressed mail gives rise to arbitrary and capricious decisions such as occurred in this case.
The Sex Party is of the view that before postal officials can censor a legitimate political leaflet they must show that it causes demonstrable harm or is illegal, and Canada Post has no evidence to show that in this case.
The Sex Party will argue that Canada Post's censorship of legitimate political expression creates significant social harm in (a) beaching the duty of political impartiality which Canadians expect of their government institutions, (b) interfering with political expression which is vital to a democracy and (c) violating the Canadian Charter of Rights and Freedoms.
The leaflet can be viewed at www.thesexparty.ca/mailoutfederal.pdf.
