The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—We do not need to hear you, Mr. Hachborn. We agree with the Ontario Court of Appeal that the trial judge erred in directing the jury to acquit the accused on the ground that the mobile homes in their particular location and in their particular conditions were not buildings or structures within the Criminal Code, s. 389(1)(a). We do not agree with the submission of appellant’s counsel that affixation in the soil is a requirement that must be satisfied before a finding of “building or structure” can be made for the purpose of establishing culpability under s. 389(1)(a). The appeal is accordingly dismissed and the direction for a new trial is affirmed.
Appeal dismissed, direction for new trial affirmed.
Solicitor for the appellant: Lyle F. Curran, Sarnia.
Solicitors for the respondent: The Ministry of the Attorney General for Ontario.