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Criminal law [1986] 1 SCR 668

Hawkshaw v. The Queen

The Supreme Court held that an indictment alleging an obscene publication required proof of publication or intent to publish, and the committal was quashed.

  • Obscenity
  • Publication
  • Indictment construction
  • Surplusage rule
  • Statutory interpretation of s.159
  • Indictment-construction
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Criminal law [1985] 2 SCR 241

Germain v. The Queen

The Supreme Court of Canada dismissed an obscenity appeal, holding that sexually explicit articles displayed in a shop could be publications and that adult-only signage was irrelevant.

  • Obscenity
  • Publication
  • Possession for purpose of sale
  • Community tolerance
  • Criminal code s.159(2)(a)
  • Community-tolerance
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Criminal law [1978] 1 SCR 951

Dechow v. R.

The Supreme Court of Canada upheld a conviction for possession for distribution of obscene material and addressed when sex-shop displays and descriptions can amount to “publications” under s. 159(8).

  • Obscenity
  • Publication definition
  • Section 159(8) interpretation
  • Hicklin rule displacement
  • Possession for distribution
  • Criminal-code-interpretation
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Criminal law [1976] 1 SCR 89

Provincial News Co., et al. v. R.

The Supreme Court of Canada quashed the appeal and dismissed leave in an obscenity forfeiture case, holding s. 160(6) did not create a right of appeal here.

  • Forfeiture under s.160
  • Prevailing community standards of tolerance
  • Appeal as of right under s.160(6) and s.618(1)(a)
  • Evidentiary burden for obscenity
  • Scope of mutatis mutandis application of ss.601-624
  • Criminal-law
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Criminal law [1967] SCR 38

Fraser et al. v. The Queen

The Supreme Court of Canada held that possession of obscene matter for publication, distribution or circulation was one offence, and dismissed the appeals.

  • Possession of obscene matter
  • Publication
  • Distribution
  • Sale vs. distribution
  • Duplicity and multiplicity
  • Information drafting
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Criminal law [1964] SCR 251

Dominion News & Gifts (1962) Ltd. v. The Queen

Supreme Court of Canada allowed appeals from forfeiture orders concerning two magazines, quashing the orders and directing the seized materials be returned.

  • Forfeiture of obscene publications
  • Obscenity test under criminal code s.150(8)
  • Procedural application of s.150a
  • Criminal-law
  • Obscenity
  • Forfeiture
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.