If the case goes to trial, what do you think the outcome of the trial will be? Explain how you came to your decision. 1. Ms. Smith is a senior who has lived in her apartment for the past 30 years. Her lease also includes a locker and a parking spot. 2. Ms. Smith is a compulsive shopper. Over the years, she has accumulated an enormous quantity of goods which she stored in her apartment unit. Most of the items have not been removed from their packages. 3. Ms. Smith was able to hide her hoarding behaviour from other tenants, until a pipe burst in her apartment, causing a flood in her apartment and in the apartment below. The tenant in the apartment below Ms. Smith’s complained to the building manager, Mr. Johnson, about the flood and Mr. Johnson entered Ms. Smith’s apartment after knocking several times and not receiving an answer. 4. Upon entry, he was shocked to see boxes and bags piled from the floor to the ceiling in all of the rooms. It was virtually impossible to move about in the apartment. He eventually located the burst pipe, turned off the water (which could only be turned off inside the apartment), wrote a note to Ms. Smith about what had happened, and left. 5. Mr. Johnson was concerned that the boxes and bags in Ms. Smith’s apartment were a fire hazard. 6. When Ms. Smith returned to her apartment later that evening, she discovered the note left by Mr. Johnson and immediately went to his apartment to see him. She was very distraught at the time, apparently because of embarrassment over the state of her apartment. Mr. Johnson told her about his concern that her apartment was a fire hazard. He also told her that he had an extra locker available, Ms. Smith reluctantly agreed to move some of the goods into both lockers. Mr. Johnson said he would move the goods for her. 7. About one month later, there were several break-ins in the locker area. The break-ins occurred while Mr. Johnson was moving Ms. Smith’s boxes into the locker area. Mr. Johnson did not tell Ms. Smith about the break-ins or about the goods that had been stolen from other lockers. Nor did he tell her that there was a possibility that goods had been stolen from her lockers. 8. Ms. Smith discovered that her goods were missing several months later. Ms. Smith was able to recover the maximum allowable from her insurance company, but she estimated that there was an additional $30,000.00 worth of goods that were missing. Question Two Read the fact pattern below. You are the judge at the Ontario Court of Appeal. Your task is to decide whether the provisions in the Criminal Code conflict with the Charter of Rights and Freedoms. Explain how you made your decision. In August, 2015, Jerry Garcia opened, “Jolly, Jolly”, a video store in Toronto, Ontario. The shop sells and rents “hard core" videotapes and magazines as well as sexual paraphernalia. There is a sign outside the store that reads: "Jolly Jolly is a private members only adult video/visual club. Notice: if sex oriented material offends you, please do not enter. No admittance to persons under 18 years.” In early September, 2015, Toronto Police entered Jolly Jolly with a search warrant and seized all the inventory. Mr. Garcia was charged with three counts of selling obscene material contrary to s. 163(2)(a) of the Criminal Code, R.S.C. 1970, c. C-34, 41 counts of possessing obscene material for the purpose of distribution contrary to s. 163(1)(a) of the Criminal Code , 128 counts of possessing obscene material for the purpose of sale contrary to s. 163(2) (a) of the Criminal Code and one count of exposing obscene material to public view contrary to s. 163(2) (a) of the Criminal Code . Criminal Code 163 (1) Every one commits an offence who (a) makes, prints, publishes, distributes, circulates, or has in his possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or other thing whatever; or (b) makes, prints, publishes, distributes, sells or has in his possession for the purpose of publication, distribution or circulation a crime comic. (2) Every one commits an offence who knowingly, without lawful justification or excuse, (a) sells, exposes to public view or has in his possession for such a purpose any obscene written matter, picture, model, phonograph record or other thing whatever; (b) publicly exhibits a disgusting object or an indecent show; (c) offers to sell, advertises or publishes an advertisement of, or has for sale or disposal, any means, instructions, medicine, drug or article intended or represented as a method of causing abortion or miscarriage; or (d) advertises or publishes an advertisement of any means, instructions, medicine, drug or article intended or represented as a method for restoring sexual virility or curing venereal diseases or diseases of the generative organs. Mr. Garcia was convicted on eight counts relating to eight films. Acquittals were entered on the remaining charges. The Crown has appealed the 242 acquittals. Mr. Garcia’s position is that s. 163 (1) and (2) of the Criminal Code should be struck down and made unenforceable as the provisions conflict with his Charter of Rights.