Freedom of Expression? R v. Zundel - In Depth Case Analysis.
Date Submitted: 09/10/2006 02:11:17
Category: / Social Sciences / Sociology
Length: 7 pages (1890 words)
Category: / Social Sciences / Sociology
Length: 7 pages (1890 words)
Thesis Statement:
The Dictionary of Canadian Law defines the term "freedom of expression" as "Permitting free expression to the end of promoting truth, political or social participation, and self-fulfilment. That purpose extends to the protection of minority beliefs which the majority regard as wrong or false." R. v. Zundel.
It was fair? Unlawful?
Profile of the Law:
Criminal Code of Canada
Spreading False News
Section 181
Every one who wilfully publishes a statement, tale, or news …
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…charge to the jury, Judge Thomas summarized the position of the defence.
The Crown had proved:
(a) wilful publication
(b) of a statement of fact rather than of opinion (the onus of differentiating fact from opinion lying with the Crown);
(c) which the accused knew to be false when he published it; and
(d) which falsehood is likely to cause mischief to the public interest (in this case, the interest in racial and social tolerance).
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