R. v. Lynnco Sound Ltd., (1985) 61 N.B.R.(2d) 301 (PC)

JudgeHarper, P.C.J.
CourtProvincial Court of New Brunswick (Canada)
Case DateMarch 04, 1985
JurisdictionNew Brunswick
Citations(1985), 61 N.B.R.(2d) 301 (PC)

R. v. Lynnco Sound Ltd. (1985), 61 N.B.R.(2d) 301 (PC);

    61 R.N.-B.(2e) 301; 158 A.P.R. 301

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R. v. Lynnco Sound Ltd.

Indexed As: R. v. Lynnco Sound Ltd.

Répertorié: R. v. Lynnco Sound Ltd.

New Brunswick Provincial Court

Harper, P.C.J.

March 4, 1985.



The accused company was charged with circulating an obscene publication (video) contrary to s. 159(6) of the Criminal Code of Canada.

The New Brunswick Provincial Court convicted the accused.

Criminal Law - Topic 573

Public morals - Obscenity - Obscenity defined - A video's plot, if any, was "drowned in a sea of sexual exploitation and fantasy" - All but a few minutes of the video were devoted to explicit sexual scenes - There was no violence or cruelty, but the undue exploitation of sex was not only a dominant characteristic of the video, but the only characteristic - The dialogue was negligible and disconnected - The New Brunswick Provincial Court held that the video unduly exploited sex and was obscene, being nothing but "dirt for dirt's sake" - See paragraphs 42 to 49.

Criminal Law - Topic 578

Public morals - Obscenity - Undue exploitation of sex - Community standards - The New Brunswick Provincial Court held that the "accepted standards of tolerance in the contemporary Canadian community" should not be a test to determine obscenity - The Court stated that the community standards test was not supported by precedent, was completely impractical and impossible to objectively apply, resulted in the removal of the judicial function of the courts and completely disregarded the plain and unambiguous wording of the statute - The Court stated that undue exploitation should be determined on the basis of the plain and ordinary meaning of the words in s. 159(8) of the Criminal Code - See paragraphs 1 to 40.

Cases Noticed:

R. v. Neil's Ventures Ltd. (1985), 61 N.B.R.(2d) 42; 158 A.P.R. 42, appld. [paras. 1, 9].

R. v. Brodie (1962), 132 C.C.C. 161 (S.C.C.), refd to. [para. 10].

R. v. Dominion News & Gifts (1962) Ltd., [1963] 2 C.C.C. 103 (Man. C.A.), revsd. [1964] 3 C.C.C. 1 (S.C.C.), appld. [para. 19].


William Lebans, for the accused;

William Corby, for the Crown.

This charge was heard at Fredericton, N.B., before Harper, P.C.J., of the New Brunswick Provincial Court, who delivered the following judgment on March 4, 1985:

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