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Queering' the Deployment of Social Experts

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"THE TRUTH, WHOLE TRmAND NOTHMG BUT TKE TRm': CENSORSHIE', SEXUALITY, AND THE POLITICS OF EXPERTISE JANET ELIZABETH GWILLIAM A thesis submiaed to the Department of Sociology in confomiity with the requirements for the degree of Master of Arts Queen's University Kingston, Ontario, Canada Apd, 2001 copyright O Janet E. Gwilliam, 200 1 National Library Bibliothèque nationale I*m of Canada du Canada Acquisitions and Aquisitions et Bibliographie Services services bibliographiques 395 Wellington Street 395. rue Wellington Ottawa ON KI A ON4 ûttawaON K1AON4 Canada Canada The author has granted a neri- L'auteur a accordé une licence non exclusive licence allowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, loan, distn'bute or sell reproduire, prêter, distribuer ou copies of this thesis in microfom, vendre des copies de cette thèse sous paper or electronic formats. la forme de rnicrofiche/film, de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conseme la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantiai extracts from it Ni la thèse ni des extraits substantiels may be printed or othexwise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. For Cassan&a Gwillium Mmch21, 1945-Jrrne 17, 1995 Table of Contents Abstract Introduction Little Sisier 's Book md Art Emporium v. Canada (1996): A Bnef History A Long Battle, An Even Longer Wait Chapter l A Cartography of Expertiie: Literature Review Law as a Site of Contestation Foucault's 'Politics of Truth' 'The Power of Law' Conclusion Chapter 2 Legal In(quee@y: Conta-tuaIiùng Censorship in Canada Challenging State-Sponsored Discrimination: Gay and Lesbian Civil Kights Charting Charter Litigation Bordering (on) the Obscene: Pornography and the Law in Canada Feminist Interventions into the Struggle over Pomography The Post-Butler Era Conclusion Chapter 3 Social Experts and Law: A Discourse Anulysk Discourse Anaiysis: An OveMew The Little Sister's Trial: A Methodological Framework Constmcting 'Bias' 'Categoncally Speaking' : The Perils of Being Definitive 'Theory' versus ' Science' : The Privileging of Positivism 'Othering' Expertise: Pomography and Knowledge Disqualification Conclusion Chapter 4 To Tell the Whole Tmth und Nothing but the Truth: Censorslrip and the Politics of Expertise Credibility and Expertise Questioning the Unquestionable: Discourses of Desire vs. Hm Distinguishing Gay and Lesbian Pomography: 'Unheard' Claims 'Queering' the Deployment of Social Experts Conclusian References Cases Cited Vira This thesis problematizes the use of 'social experts', particularly in the legal adjudication of gay and lesbian civil nghts. Through a discourse analysis of key expert witness testimony in the case of Little Sister S Bwk and Art Emporium et ai. v. Canada ( 1 996)' it addresses the construction of 'Truth' vis-à-vis pomography. This thesis seeks to explicate how 'expertise' is constructed and deployed and what socio-legal implications this presents for the use of counter-hegemonic claims in law. Further, how can Foucault's concepts of truth, power, knowledge, and discourse enable a theoretical understanding of the ways in which the expert testimony is discursively constructed? This research illustrates the privileging of the scientist-as-certified-knower with respect to the 'Truth' of pornography and 'homosexuality'. The themes generated from the discourse analysis al1 relate to establishing and maintaining expert credibility and demonstrate that constructions of expertise are often structured along both gender and sexuality hierarchies. Finally, 1 argue that the evidence of social experts that was incorporated into Justice Smith's decision was moa oflen used to authorize the category 'sexual orientation'. This category reinscribes a binq view of sexuality which maintains heterosexual privilege and restricts the jurisprudential space around 'homosexuality ' . Finally, t his research suggest s t hat the strategic use of social experts is more complicated than previously thought and as such, Canada's queers must also combat state censorship through non-legal avenues. Acknowledgments First and foremost, my immense thanks go to my supervisor, Laureen Snider. Without Laureen's help, support, encouragement and incredible ability to edit and clacify material, this thesis would have never been written. I have no idea how 1 becarne worthy of a supe~sorof her caliber, but 1 will never forget what an excellent experience my MA has been mainly because of Laureen. She edited my first conference presentation and the many drafts of the first article 1 ever sent off for publication review. She wrote me letters of reference to get into Ph.D. programs, she has rad hundreds of pages of thesis drafks, and consistently asked for more. She has calmed my fears, watched me cry, and applauded my successes like a proud parent. 1 am so grateful, so lucky, and so blessed to know her as an academic, a mentor, and my niend. Leaving Kingston is hard for many reasons, not having Laureen as my supervisor anymore is right at the top of that list. I am also so grateful for the help, generosity, and guidance of three phenomenal women at both Queen's and U.B.C.. Primarily, Fiona Kay has been an instrumental influence in my development as a writer and academic, and my success at the graduate level. I am very fortunate to have had her as a mentor in both my undergraduate and graduate prograrns. She has helped me dari@ my goals for a Ph.D. and go fier what is truly important in the next phase of my career. 1 am also very thankful for her incredible feedback and support in my Ph.D. and fellowship applications, particularly SSHRC, and her wondefil feedback on my thesis drafts. She is a wornan who gives much to her students and cares so deeply about their success. Fiona, you've left an indelible impression on me, thank you so much. To Margaret Little and Becki Ross, 1 am very thankful for your constant support, encouragement, and enthusiasm. Had it not been for Becki Ross' influence, 1 doubt 1 would have ever pursued graduate work, let aione proposed a Ph.D. dissertation which is heavily infiuenced by her work. Margaret was one of the first people I met when 1 came to Queen's and she is truly one of the most incredible writers and thinkers 1 know (not to mention one of the nicest!). Not only did she offer me her time in those early days, she offered me her classroom as a space to introduce my work to other students. Margaret, you have no idea how grateful 1 will always be for that invitation, thank you! 1 certainly would not have been able to do my MA without the love and support of my family in Vancouver who are a constant reminder of where "home" still is. To rny Dad, Dave, Stacey, Katherine, Sonja, Virginia, and Denny, thank you for al1 your longdistance laughter, and for rerninding me that even in failure and success, 1 am weli loved. To my "cohort" of fnends, you are the best group of people 1 could possibly be lucky enough to go through this process with. For the road trips, Wednesday nights of laughter and memories, the hugs, and srniles, 1 am truly grateful. To Steve H.,I owe so much. He has supported and loved me at the lowest tirnes, kept me grounded, made me laugh, and reminded me that there is so much goodness in the world. Your hart is a true wonder my fiiend, how lucky 1 am. To Lauren, 1 haven't yet found the nght words. These past two years have taught me a great deal about myself and my ability to succeed in academe. A very large part of this is because of you. When 1 doubt myself more than anyone else, you, like my Mom once did, make me believe that 1 can do it, that I am good enough, that 1 do work hard. Few people make me laugh harder than you and for that I am etemally grateful. In you, 1 found not only a great fiend, but a colleague, and the healthiest of competition. In twenty years, Dr. Cruikshank and I will still be talking nonsense and loving every minute. Although we won't live in the same city anymore, The Lauren and Janet Show will always be just that, and you'll always have a very special place in my heart. To my Mom, whose memory always bnngs me courage and inspiration. She is the true writer in our family and raised me to believe that 1 could do anything 1 wanted and accomplish any goal 1 put my rnind too. Plus, I've thankfully inherited her sense of righteous indignation which works well for me in sociology. 1 know you are proud of me Mom. Finally, my life has been forever altered by my fiiendship with Cynthia Benjamin. For whatever reason, fate, luck, or chance, Cynthia was the first person 1 met when 1 came to Queen's and has been a constant source of strength, support, encouragement, and love for me. Cynthia calmed my fears as a new graduate student, helped me focus, and made me believe in my ability to succeed. But more importantly, in Cynthia I've found a life- long fiend and confidante, someone who knows the dark places in my heart and helps me heal them. 1 am so blessed by her friendship, her strength, and her ability to pick me up when I'm at my lowest. 1 am constantly in awe of al1 that she accomplishes and her amazing sense of self We have so much in cornmon, and 1 have found a colleague and sou1 mate in her.
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