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Issues in this appeal
By an order dated January 28, 1991, the Chief Justice
stated the following constitutional questions:
1. Is s. 181 (formerly s. 177) of the Criminal
Code of Canada contrary to fundamental
freedom of thought, belief, opinion, and
expression, including freedom of the press
and other media of communication, set out
in s. 2(b) of the Canadian Charter of
Rights and Freedoms?
2. If so, is s. 181 (formerly s. 177) of the
Criminal Code of Canada a reasonable limit
prescribed by law demonstrably justifiable
in a free and democratic society as
required by s. 1 of the Canadian Charter
of Rights and Freedoms?
In a subsequent order on June 14, 1991 the Chief Justice added
two further constitutional questions:
3. Is s. 181 (formerly s. 177) of the Criminal
Code contrary to s. 7 of the Canadian
Charter of Rights and Freedoms as being a
vague and uncertain restriction upon the
fundamental freedom of expression?
4. If so, is s. 181 (formerly s. 177) of the
Criminal Code a reasonable limit prescribed
by law demonstrably justifiable in a free
and democratic society, pursuant to s. 1 of
the Canadian Charter of Rights and
Freedoms?
The
original plaintext version
of this file is available via
ftp.
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III. ISSUES IN THIS APPEAL
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