R. v. Mercer, (1988) 88 N.B.R.(2d) 140 (PC)

• Judge: Cumming, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: June 02, 1988
• Jurisdiction: New Brunswick
• Citations: (1988), 88 N.B.R.(2d) 140 (PC)

R. v. Mercer (1988), 88 N.B.R.(2d) 140 (PC);

    88 R.N.-B.(2e) 140; 224 A.P.R. 140

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

....................

Her Majesty the Queen v. Larry Raymond Mercer

Indexed As: R. v. Mercer

New Brunswick Provincial Court

Cumming, P.C.J.

June 2, 1988.

Summary:

The accused motel owner was charged with exposing to public view obscene movies, contrary to s. 159(2)(a) of the Criminal Code.

The New Brunswick Provincial Court found the accused guilty. The court held that two of the three movies were obscene by contemporary Canadian community standards.

Criminal Law - Topic 573

Public morals - Obscenity - Defined - Three movies had as their dominant characteristic the exploitation of sex without any serious attempt at artistic merit, plot delineation or character development - All three involved endless acts of intercourse, fellatio, cunnilingus, lesbianism, group sex, male ejaculation and masturbation - None of the three involved children, animals or overt or sadistic violence - The New Brunswick Provincial Court held that one movie, being only "explicit erotica", was not obscene - The court held that the remaining two were obscene by contemporary Canadian community standards, because the subject females were subjected to degrading and dehumanizing treatment by males - See paragraphs 8 to 21.

Criminal Law - Topic 580

Public morals - Obscenity - Publication of obscene material - A motel proprietor videotaped erotic movies and played them in the motel rooms at the request of patrons - The motel rooms were available to the general public - The New Brunswick Provincial Court held that the movies were exposed to the "public view" within the meaning of s. 159(2) of the Criminal Code - See paragraphs 26 to 37.

Cases Noticed:

R. v. Sudbury News Service Ltd. (1978), 39 C.C.C.(2d) 1 (Ont. C.A.), appld. [para. 2].

R. v. Great West News Ltd. et al., [1970] 4 C.C.C. 307, refd to. [para. 3].

R. v. Towne Cinema Theatres Ltd., [1985] 1 S.C.R. 494; 59 N.R. 101; 61 A.R. 35; 18 C.C.C.(3d) 193 (S.C.C.), refd to. [para. 4].

R. v. Odeon Morton Theatres Ltd. and United Artists Corp. (1974), 16 C.C.C.(2d) 185 (Man. C.A.), refd to. [para. 18].

R. v. Wagner (1986), 69 A.R. 78; 26 C.C.C.(3d) 242 (C.A.), refd to. [para. 19].

R. v. Red Hot Video Ltd. (1985), 18 C.C.C.(3d) 1 (B.C.C.A), refd to. [para. 19].

R. v. Doug Rankine Co. Ltd. and Act III Video (1984), 9 C.C.C.(3d) 53, refd to. [para. 21].

R. v. Harrison (1973), 12 C.C.C.(2d) 26, dist. [para. 35].

R. v. Polloni, [1982] R.L. 462 (Mtl. Mun. Ct.), refd to. [para. 35].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 159(2).

Counsel:

[None disclosed].

This case was heard before Cumming, P.C.J., of the New Brunswick Provincial Court, who delivered the following judgment on June 2, 1988.