Arts·Archives

Today in 1993: artist Eli Langer arrested for paintings deemed 'child pornography'

No one in the Canadian art community will forget the case of Eli Langer, the Toronto painter and illustrator who was arrested on Dec. 21, 1993.

Eli Langer was acquitted after a lengthy and closely-watched legal saga

Seized paintings not pornographic: judge

30 years ago
Duration 2:04
A judge rules that Eli Langer's paintings and drawings are not pornographic, and must be returned.

No one in the Canadian art community will forget the case of Eli Langer, the Toronto painter and illustrator who was arrested on Dec. 21, 1993 and whose works were seized from a local gallery, where he was charged under Canada's then-new federal child pornography laws.

Langer's arrest touched off a fiery debate over whether works such as the artist's depiction of children engaged in anal and oral sex should be exempt if their creation does not involve harming actual children. Though the criminal charges were dropped, a hearing was held to determine whether Langer's art was dangerous and should be destroyed.

The battle over the art came amid growing controversy over Canada Customs. According to a report of the trial in Maclean's, former CBC chairman Patrick Watson dared to suggest that even Michelangelo's David might have run afoul of the new law: "Personally, I don't know how old he [David] is... He's a young man. Is he 17, 18, 20?"

In April 1995, the judge ruled that the artworks were not pornographic, and Langer's work was returned to him. He remains active and has showed in Canada numerous times, despite now being based in Los Angeles.

Watch the video above, and for more historical throwbacks, visit cbc.ca/archives.