Supreme Court of Canada
Dominion
News & Gifts (1962) Ltd. v. The Queen, [1964] S.C.R. 251
Date:
1964-03-09
Dominion News & Gifts (1962) Ltd. Appellant;
and
Her Majesty The Queen Respondent.
1964: February 20, 21; 1964: March 9.
Present: Taschereau C.J. and Cartwright, Martland, Judson,
Ritchie, Hall and Spence JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA.
Criminal law—Obscenity—Forfeiture of two magazines as
obscene publications—Test applied—Criminal Code, 1953-54 (Can.), c. 51, s.
150(8) (as enacted by 1959, c. 41, s. 11), and s. 150A(4) (as enacted by 1959,
c. 41, s. 12).
On an information based on s. 150A of the Criminal Code, issues
of two magazines, which the accused had offered for sale in the ordinary course
of its business, were seized as obscene publications under s. 150(8) of
the Criminal Code. The trial judge found the magazines to be obscene and
ordered their forfeiture to the Crown. This judgment was affirmed by a majority
in the Court of Appeal, Freedman J.A. dissenting. The accused appealed to this
Court.
Held: The appeals should be allowed for the reasons
given by Freedman J.A.
APPEALS from two judgments of the Court of Appeal for
Manitoba,
affirming forfeiture orders made by Macdonell Co. Ct. J. Appeals
allowed.
Joseph Sedgwick, Q.C., and John A.
Campbell, for the appellant, Escapade Magazine.
Mannie Brown, for the
appellant, Dude Magazine.
J. J. Enns, for the respondent.
The judgment of the Court was delivered by
The Chief Justice:—These
two appeals, one relating to the December 1962 issue of a magazine called
"Escapade" and the other to the September 1962 issue of a magazine
called "Dude", were argued together.
We are all of opinion that the appeals should be allowed. We
agree with the reasons given by Freedman J.A. in the Court of Appeal for
Manitoba.
We wish to adopt those reasons in their entirety and do not find it necessary
to add anything to them.
[Page 252]
The appeals are accordingly allowed, the judgments in the
Courts below are set aside, the orders directing that, the matter seized be
forfeited to Her Majesty in the Right of the Province of Manitoba are quashed,
and it is directed that the matter seized be returned to the appellant.
There will be no order as to costs in any Court.
Appeals allowed
Solicitors for the appellant, Escapade Magazine:
Smith, Roe, Greer, Toronto.
Solicitor for the appellant, Dude Magazine: M.
Brown, Toronto.
Solicitor for the respondent: The Attorney-General
for Manitoba.
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