R. v. Butler
| R v Butler | |
|---|---|
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| Hearing: June 6, 1991 Judgment: February 27, 1992 |
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| Full case name | Donald Victor Butler v. Her Majesty The Queen |
| Citations | [1992] 1 S.C.R. 452, 89 D.L.R. (4th) 449, 2 W.W.R. 577, 70 C.C.C. (3d) 129, 11 C.R. (4th) 137, 8 C.R.R. (2d) 1, 78 Man. R. (2d) 1, 78 Man. R. (2e) 1 |
| Docket No. | 22191 |
| Prior history | Judgment for the Crown in the Manitoba Court of Appeal. |
| Ruling | Appeal allowed. |
| Holding | |
| The criminal offence of distribution of obscenity infringes section 2(b) of the Canadian Charter of Rights and Freedoms but can be justified under section 1 of the Charter. | |
| Court Membership | |
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Chief Justice: Antonio Lamer Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, William Stevenson, Frank Iacobucci |
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| Reasons given | |
| Majority | Sopinka J., joined by Lamer C.J. and La Forest, Cory, McLachlin, Stevenson, and Iacobucci JJ. |
| Concurrence | Gonthier J., joined by L'Heureux-Dubé J. |
R v Butler, [1992] 1 S.C.R. 452 is a leading Supreme Court of Canada decision on pornography and state censorship. In this case, the Court had to balance the right to freedom of expression under section 2 of the Canadian Charter of Rights and Freedoms with women's rights. The outcome has been described as a victory for anti-pornography feminism and the Women's Legal Education and Action Fund, but a loss for alternative sexualities.
The case involved one Donald Victor Butler, who owned a store called Avenue Video Boutique on Main Street in Winnipeg. The business began in August 1987 and handled pornographic videos, magazines, and sexual objects. On August 21, the police arrived with a search warrant and confiscated the goods, and then charged Butler with possession and distribution of obscenity, crimes under section 163 (then section 159) of the Criminal Code. On October 19 of that year, Butler simply restarted the business at the same location as it had been before, and the police arrested Butler and an employee, Norma McCord ten days later. Both were charged for 77 counts under s. 159 (now s. 163); two counts of selling obscene material, 73 counts for possessing obscene material for the purpose of distribution, and one count of possessing obscene material for the purpose of sale, all of which were contrary to either s. 159 (2)(a) or s. 159 (1)(a). Butler was found guilty of eight charges, while McCord was found guilty of two. They each had to pay $1000 per offense. The trial had been held on June 22, 1988. However, LEAF (Women's Legal Education and Action Fund), along with GAP (Group Against Pornography), and various other anti-pornography groups were unhappy with the verdict and appealed to the Crown. Butler had to return to court on July 4, 1991 where he was found guilty. In turn, Butler appealed and he went to the Supreme Court of Canada on February 27, 1992, where he was found guilty and pornography legislation was modified in Canada. Afterward, Butler moved away to Alberta where he was diagnosed with a severe heart condition. After legislation was passed, Butler had to return to trial, but was too ill to return to Winnipeg for the trial, so it was held in Alberta in 1993.
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