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] 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.
Cases cited
- Towne Cinema Theatres Ltd. v. The Queen 17125-1985-05-09