116Disposal of publications seized

1. Subject to subsections (2) and (3), if, on the hearing of a summons issued pursuant to section 115 in respect of a publication, the court is satisfied, after reference to the Classification Office if necessary, that the publication is objectionable, it may order the publication to be destroyed at the expiry of 10 working days from the making of the order, and the publication shall in the meantime be impounded.

2. The court shall not make an order under subsection (1) for the destruction of a publication if it considers it necessary that the publication be preserved as evidence in any further proceedings.

3. Notwithstanding that the court is satisfied that the publication to which the summons relates is objectionable, the court may order the return of the publication to the person from whom it was seized (in the case of a publication seized under section 108) or to the owner or occupier of the place or thing searched (in the case of a publication seized under a search warrant) if the court is satisfied that, by virtue of subsection (4) or subsection (5) of section 131, the possession of that publication by that person is not an offence against section 131(1).

4. If, on the hearing of a summons issued pursuant to section 115 in respect of a publication, the court is satisfied that the publication is an unrestricted publication or a restricted publication, it shall forthwith direct it to be returned to the person from whom it was seized (in the case of a publication seized under section 108) or to the owner or occupier of the place or thing searched (in the case of a publication seized under a search warrant).