Freedom of Expression? R v. Zundel - In Depth Case Analysis.
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ESSAY DETAILS
Words: 1890
Pages: 7
(approximately 235 words/page)
Pages: 7
(approximately 235 words/page)
Essay Database > Social Sciences > Sociology
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
showed first 75 words of 1890 total
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showed first 75 words of 1890 total
showed last 75 words of 1890 total
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).
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).