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R v Zundel
R v Zundel [1992] 2 S.C.R. 731 is a Supreme Court of Canada decision where the Court struck down the provision in the Criminal Code that prohibited publication of false news on the basis that it violated the freedom of expression provision under section 2(b) of the Canadian Charter of Rights and Freedoms.
In 1985, German-born Ernst Zündel was charged with "spreading false news" under the Criminal Code. Initially, Zündel was found guilty, but this conviction was overturned in the Court of Appeal for Ontario, and a re-trial ordered. However, during his second trial, Zündel was once again found guilty and sentenced to nine months in prison. At the Court of Appeal, Zündel's conviction was upheld. When Zündel's case reached the Supreme Court of Canada, his conviction was overturned.
In a 4–3 decision, the Supreme Court of Canada found section 181 of the Criminal Code violated section 2(b) of the Charter, infringing on Zündel's rights. The Court declared section 181 inoperative, and Zündel's conviction was quashed.
The German-born Ernst Zündel (1939–2017) immigrated to Toronto in 1958 where he became associated with antisemitic groups and read extensively on antisemitic ideologies. In the 1970s, he established Samisdat Books, a publishing house, right in his Toronto residence, with the intent to disseminate Holocaust denial literature worldwide.
The Canadian Holocaust Remembrance Association brought forward a private prosecution against Zundel, which was suggested to the organization by former Crown attorney Robert McGee. Prior to this point the Ontario government and Attorney General of Ontario Roy McMurtry were hesitant to bring charges under section 281 of the Criminal Code for hate-literature as it was felt such a case was unwinnable.
In 1985 the Crown took over the case and Zündel was charged with "spreading false news" by publishing the pamphlet Did Six Million Really Die? (1974) in Canada, contrary to Section 181 of the Criminal Code. This section states that "[e]very one who wilfully publishes a statement, tale or news that he knows is false and causes or is likely to cause injury or mischief to a public interest is guilty of an indictable offence and liable to imprisonment".
Zündel was initially found guilty at trial before Justice Hugh Russell Locke and subsequently sentenced to fifteen months of imprisonment and three years of probation. As part of the probation, Zündel was not permitted to publish any material pertaining to the Holocaust. Throughout the trial, Zündel's defence rested on his honest belief of the truth of the pamphlet.
Zündel filed an appeal, and on January 23, 1987, a unanimous decision of the Court of Appeal for Ontario overturned the decision and ordered a new trial. The panel composed of Chief Justice of Ontario William Goldwin Carrington Howland, and Justices John Watson Brooke, G. Arthur Martin, Maurice Norbert Lacourcière, and Lloyd William Houlden, ordered a new trial because of errors in the conduct of the trial, particularly regarding jury selection and misdirection on elements of the offence. The Court of Appeal also considered the constitutionality of section 181 of the Criminal Code and found it did not violate section 2(b) Charter rights, and even if it did, the provision would be justified under section 1 of the Charter.
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R v Zundel
R v Zundel [1992] 2 S.C.R. 731 is a Supreme Court of Canada decision where the Court struck down the provision in the Criminal Code that prohibited publication of false news on the basis that it violated the freedom of expression provision under section 2(b) of the Canadian Charter of Rights and Freedoms.
In 1985, German-born Ernst Zündel was charged with "spreading false news" under the Criminal Code. Initially, Zündel was found guilty, but this conviction was overturned in the Court of Appeal for Ontario, and a re-trial ordered. However, during his second trial, Zündel was once again found guilty and sentenced to nine months in prison. At the Court of Appeal, Zündel's conviction was upheld. When Zündel's case reached the Supreme Court of Canada, his conviction was overturned.
In a 4–3 decision, the Supreme Court of Canada found section 181 of the Criminal Code violated section 2(b) of the Charter, infringing on Zündel's rights. The Court declared section 181 inoperative, and Zündel's conviction was quashed.
The German-born Ernst Zündel (1939–2017) immigrated to Toronto in 1958 where he became associated with antisemitic groups and read extensively on antisemitic ideologies. In the 1970s, he established Samisdat Books, a publishing house, right in his Toronto residence, with the intent to disseminate Holocaust denial literature worldwide.
The Canadian Holocaust Remembrance Association brought forward a private prosecution against Zundel, which was suggested to the organization by former Crown attorney Robert McGee. Prior to this point the Ontario government and Attorney General of Ontario Roy McMurtry were hesitant to bring charges under section 281 of the Criminal Code for hate-literature as it was felt such a case was unwinnable.
In 1985 the Crown took over the case and Zündel was charged with "spreading false news" by publishing the pamphlet Did Six Million Really Die? (1974) in Canada, contrary to Section 181 of the Criminal Code. This section states that "[e]very one who wilfully publishes a statement, tale or news that he knows is false and causes or is likely to cause injury or mischief to a public interest is guilty of an indictable offence and liable to imprisonment".
Zündel was initially found guilty at trial before Justice Hugh Russell Locke and subsequently sentenced to fifteen months of imprisonment and three years of probation. As part of the probation, Zündel was not permitted to publish any material pertaining to the Holocaust. Throughout the trial, Zündel's defence rested on his honest belief of the truth of the pamphlet.
Zündel filed an appeal, and on January 23, 1987, a unanimous decision of the Court of Appeal for Ontario overturned the decision and ordered a new trial. The panel composed of Chief Justice of Ontario William Goldwin Carrington Howland, and Justices John Watson Brooke, G. Arthur Martin, Maurice Norbert Lacourcière, and Lloyd William Houlden, ordered a new trial because of errors in the conduct of the trial, particularly regarding jury selection and misdirection on elements of the offence. The Court of Appeal also considered the constitutionality of section 181 of the Criminal Code and found it did not violate section 2(b) Charter rights, and even if it did, the provision would be justified under section 1 of the Charter.
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