The Supreme Court of Canada on Thursday dismissed the Crown’s application for leave to appeal in the obscenity case involving former Woodyatt Township resident Don Smith.
“On the one hand, it’s good news. It sends a message to the Crown,” Smith said in a telephone interview.
“That’s it. That’s the end of the road, other than if the Crown wants to retry the case,” he added. “I can’t see how they could possibly justify further harassment.”
Back in November, 2002, Smith was convicted in the Ontario Superior Court of Justice of two counts of making obscene material, one count of possessing obscene material for distribution, and two counts of distributing obscene material through the Internet.
He was fined $100,000 and put on probation, and his websites were irrevocably assigned to the Crown.
Last July, the Court of Appeal for Ontario allowed an appeal on all counts but one and ordered a new trial. The probation order was set aside and the fine was reduced to $2,000.
The Supreme Court’s decision Thursday means the Crown cannot contest the July decision.
“I’m no more relieved than yesterday because there’s a lot of unanswered questions,” Smith said.
He and his family have left Rainy River District due to the high profile of the case when it was tried here in 2002.
“We’ve been run out of our community and humiliated, basically over nothing,” he charged.
Smith said he will seek a full judicial review of the case, and is considering a civil suit against the Fort Frances OPP for its handling of the case.
The Supreme Court also dismissed Smith’s application to cross-appeal.
Fort Frances Times
Local News from Across the Rainy River District
