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Supreme Court of Canada: 1992 Zündel Judgement
The following is the judgment of Cory, Iacobucci and
Gonthier JJ. delivered by
CORY AND IACOBUCCI JJ. (joint dissenting):-- This appeal
raises the issue of the constitutionality of s. 181 (formerly
s. 177) of the Criminal Code, R.S.C., 1985, c. C-46, which
states:
181. Every one who wilfully publishes a statement,
The appellant, Ernst Zundel, alleges that the provision
violates s. 7 and s. 2(b) of the Canadian Charter of Rights and
Freedoms and cannot be justified under s. 1 of the Charter.
This appeal concerns the wilful publication of deliberate,
injurious lies and the legislation which seeks to combat the
serious harm to society as a whole caused by these calculated
and deceitful falsehoods. Our colleague, McLachlin J., has
stated that s. 181 violates s. 2(b) of the Charter and is not
saved under section 1. We agree with her conclusion, though
not with her reasoning, that s. 181 violates s. 2(b) of the
Charter. However, with respect, we do not agree that the
section cannot be justified under s. 1.
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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.
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