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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)
Views: 178574

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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