Provincial Court Judicial District of York, Ontario
( 1979) 45 C.C.C. (2d) 385
[Editors' Note: The accused were charged with unlawfully making use of the mails for the purpose of transmitting indecent, immoral, or scurrilous matter, namely, an issue of "The Body Politic," in violation of's. 164 of the Canadian Criminal Code. In dismissing the charge, the judge summarizes the evidence, describes the nature of the issue of "The Body Politic" that is in question, discusses the interpretation of the law, and applies the law to the case at hand. The judgement illustrates the issues that can arise in an obscenity trial at a court of first instance.
Judge Harris dismissed the charge against Pink Triangle Press, but the Ontario Attorney-General's office appealed the decision, and the appeal court ordered a new trial. At the second trial, held in 1982, Pink Triangle Press was again acquitted, but the prosecution has again appealed.]
HARRIS, PROV. CT. J.:. . .
Let me now say what, in my opinion, is not at issue herein. This is not a trial
Reprinted from Canadian Criminal Cases, Vol. 45, pp. 385-411, by permission of Canada Law Book Ltd., 240 Edward Street, Aurora, Ontario, Canada.