R. v. Harris (M.D.), (1990) 81 Nfld. & P.E.I.R. 147 (NFPC)

JudgeHandrigan, P.C.J.
CourtNewfoundland and Labrador Provincial Court (Canada)
Case DateFebruary 08, 1990
JurisdictionNewfoundland and Labrador
Citations(1990), 81 Nfld. & P.E.I.R. 147 (NFPC)

R. v. Harris (M.D.) (1990), 81 Nfld. & P.E.I.R. 147 (NFPC);

    255 A.P.R. 147

MLB headnote and full text

Her Majesty The Queen v. Meta Doreen Harris

(1988 No. 1111)

Indexed As: R. v. Harris (M.D.)

Newfoundland Provincial Court

Judicial Centre of Grand Bank

Handrigan, P.C.J.

March 1, 1990.

Summary:

The accused was charged with renting an infringing copy of a movie video cassette contrary to s. 42 of the Copyright Act. The accused claimed she did not know the cassette was an infringing copy. The Crown submitted that the doctrine of wilful blindness was applicable because there were sufficient indicia of infringement to have alerted the accused of the copying.

The Newfoundland Provincial Court acquitted the accused.

Copyright - Topic 6205

Offences - General - Evidence - Doctrine of wilful blindness - The defendant was charged with letting for hire an infringing copy of a video cassette movie contrary to s. 42 of the Copyright Act - The defendant claimed that she did not know the movie was a copy and blamed it on her lack of experience - The Crown submitted that the doctrine of wilful blindness applied - The Crown referred to the typewritten labels on the cassette, the lack of advertising cases and materials, and the payments in cash and lack of sales slips - The Newfoundland Provincial Court declined to apply the doctrine and acquitted the defendant - See paragraphs 26 to 30.

Copyright - Topic 6223

Offences - Particular works - Video cassettes - The defendant had operated a video cassette movie business for seven weeks - She was 26 years of age and had little relevant experience in the business - The police seized 25 duplicate copies of movies that infringed the owner's copyright - The defendant was charged with letting for hire an infringing copy under s. 42 of the Copyright Act - The accused claimed she did not know the cassettes were infringing copies - The Crown submitted that there were sufficient indicia of infringement that the doctrine of wilful blindness applied - The Newfoundland Provincial Court acquitted the defendant.

Criminal Law - Topic 39.4

General principles - Mens rea or intention - Doctrine of wilful blindness - [See Copyright - Topic 6205].

Cases Noticed:

R. v. Sault Ste. Marie, [1978] 2 S.C.R. 1299; 21 N.R. 295; 40 C.C.C.(2d) 353; 3 C.R.(3d) 30; 85 D.L.R.(3d) 161, refd to. [para. 23].

Statutes Noticed:

Copyright Act, R.S.C. 1985, c. C-42, sect. 3(1)(d) [para. 17]; sect. 27(4) [para. 23]; sect. 27(4)(a) [para. 18]; sect. 42(1)(b) [paras. 16, 23].

Counsel:

Corwin Mills, for the Crown;

Meta Harris, unrepresented.

The following matter was heard on February 8, 1990, before Handrigan, P.C.J., of the Newfoundland Provincial Court, Judicial Centre of Grand Bank, who delivered the following judgment on March 1, 1990:

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