Freedom of Expression? R v. Zundel - In Depth Case Analysis.

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 that he knows is false and that causes or is likely to cause injury or mischief to a public interest is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Annotations: This section violates the guarantee to freedom of expression under s. 2(b) of the Charter and is of no force and effect.

Canadian Charter of Rights and Freedoms

Guarantee of Rights and Freedoms

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Fundamental Freedoms

2. Everyone has the following fundamental freedoms:

b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

"Section 2(b): Freedom of expression / Interpretation - Section 2(b) protects all forms of expression, whether oral, written, pictorial, sculpture, music, dance or film. The freedom of expression referred to, moveover, extends to those engaged in expression for profit and those who wish to express the ideas of others, and to the recipients as well as to the originators of communications."

General Summary.

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...