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Freedom Of Expression? R V. Zundel In Depth Case Analysis.

1881 words - 8 pages

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 CanadaSpreading False NewsSection 181Every 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 FreedomsGuarantee of Rights and Freedoms1. 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 Freedoms2. 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 self-fulfilment. That purpose extends to the protection of minority beliefs which the majority regard as wrong or false. It is one of the fundamental concepts that has formed the basis for historical development of the political, social and educational institutions of western society." Ernst Zundel has been charged under Section 181 for having knowingly published false news that was likely to be injurious to the public.The charge arose out of the accused's publication of a pamphlet entitled Did Six Million Really Die? The accused had added a preface and afterword to an original document, which had previously been published by others in the United States and England. The pamphlet, part of a genre of literature known as "revisionist history", suggests, inter alia, that it has not been established that six million Jews were killed before and during World War II and that the Holocaust was a myth perpetrated by a worldwide Jewish conspiracy. The accused was convicted after a lengthy trial.The charge arises out of the publication by the appellant of a 32-page booklet seemingly entitled "Did Six Million Really Die?",...

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