R. v. Video World Ltd., [1987] 1 S.C.R. 1255

Video World Ltd. Appellant

v.

Her Majesty The Queen Respondent

indexed as: r. v. video world ltd.

File No.: 19537.

1987: June 3; 1987: June 25.

Present: Beetz, McIntyre, Lamer, Wilson, Le Dain, La Forest and L'Heureux‑Dubé JJ.

on appeal from the court of appeal for manitoba

Criminal law ‑‑ Obscenity ‑‑ Video cassettes ‑‑ Contemporary community standards test applied.

Held: The appeal should be dismissed.

Cases Cited

Applied: Towne Cinema Theatres Ltd. v. The Queen, 1985 SCC 75, [1985] 1 S.C.R. 494.

APPEAL from a judgment of the Manitoba Court of Appeal (1985), 1985 MB CA 3628, 36 Man. R. (2d) 68, 22 C.C.C. (3d) 331, allowing the Crown's appeal from an acquittal by Lismer Prov. Ct. J. (1985), 1985 MB PC 3714, 32 Man. R. (2d) 41 on the charge of unlawful circulation of an obscene video cassette and possessing a number of obscene video cassettes for the purpose of circulation. Appeal dismissed.

Robert Tapper, for the appellant.

Wayne Myshkowsky, for the respondent.

The following is the judgment delivered by

1. The Court‑‑The appellant was charged before a Provincial Court Judge of Manitoba with unlawful circulation of an obscene video cassette and with possessing a number of obscene video cassettes for the purpose of circulation. The Provincial Court Judge entered an acquittal. This acquittal was reversed by the Manitoba Court of Appeal. This appeal comes to us as of right.

2. The principles applicable to the facts of this case have been set out in the judgment of this Court in Towne Cinema Theatres Ltd. v. The Queen, 1985 SCC 75, [1985] 1 S.C.R. 494. We are all of the view that, under those principles, this appeal fails and the conviction entered by the Manitoba Court of Appeal stands.

Appeal dismissed.

Solicitors for the appellant: Wolch, Pinx, Tapper & Scurfield, Winnipeg.

Solicitor for the respondent: The Attorney General of Manitoba.