have no existence in reality, but, nevertheless, commit what, 1f com- mitted by a human being, would be crime.
It is interesting to speculate whether the words "crime, real or fictitious" would apply.
Senator Henstxes. That would apply perhaps to a crime com- mitted by Mickey Mouse, for example, a more innocuous kind of comic character.
Mr. Fu.rox. Yes, sir. Again it is a question, of course, whether the courts interpret the intent of the legislature as gathered from the words of the statute. ,
Mr. Beaser. Assuming you are able to find out how the American crime comics are getting into Canada, are you able under your statute Lo proceed against the publisher or distributor?
Mr. Fvuron. In the United States?
Mr. Beaser. Yes.
Mr. Furrvex. No. He is beyond our reach. Tis crime is net com- mitted in Canada, you see. Unless he were to come and surrender himself voluntarily to the jurisdiction of onr couris, I don’t think there is any way; I don’t think extradition proceedmgs would hie,
My widerstanding is that. unless he came to Canada and com- mitted the crime and came back here we could not nse extradition proceedings.
Mr. Beaser. The question is whether under the Canadian statute Canada is able to proceed against. an American publisher who pub- lishes in this country crime and horror comies which then get into Canada, or whether they can proceed against a distributor who sends them into Canada.
Mr. Furren. I think the first.
Senator [lenntxes. They would have no juristiction in the matter in the first place.
Mr. Funrax, Unless he submitted himself voluntarily to the juris- diction of our courts, which J can’t see him doing.
Senator Hexnixes. You would have no venue then?
Mr, I'utrox. I think if he voluntarily srbmitted himself to juris- diction we would. I think the exeention of the senlence might, of course, present some interesting problems, but in effect I don’t think it arises. In etfect my opinion is—and I take it Senator Hennings concurs—that the first person we can deal with is the man who first imports it in Canada and there is no suggestion that we should pro- eced against the American publisher.
li we deal with the man who brings it in we are dealing effectively with it from our pont of view. What is done here is a matter en- tirely for your own determination,
Mr. Beaser. Are you able to get the distributor; is if known or———
Mr. Fuiwex. Ft ean be ascertained. I have to say with regret, in my view we are not proceeding sulliciently vigorously in our own coun- try against the distributors, against the man who first puts this offen- sive material mto cireulation,
I would like to dea) with that at greater length a little later,
J think that is one defect not only in our laws which extst, but in the enforeement of our law.
Now, I just was mentioning that these things have reappeared, althoneh I think again it would be fair ta say they don’t circulate to the same extent as they did previous to the enactment of the legis-
