R. v. Zundel

2 S.C.R. 731 (1992)

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R. v. Zundel

Canada Supreme Court
2 S.C.R. 731 (1992)

Facts

Ernst Zundel (defendant) published Did Six Million Really Die?, a 32-page booklet asserting that the Holocaust was a myth perpetrated by a worldwide Jewish conspiracy and that six million Jewish people did not die before and during World War II. Zundel wrote a forward for the work, espousing his own anti-Semitic beliefs. The Canadian government prosecuted Zundel under Section 181 of the Criminal Code, which provides that anyone 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” may be indicted and imprisoned for up to two years. The jury convicted Zundel under Section 181. After the Ontario Court of Appeal upheld the conviction, Zundel appealed to the Canada Supreme Court. On appeal, Zundel argued that his conviction violated Section 2(b) of the Canadian Charter of Rights and Freedoms (the charter) and that such violations were not justifiable under Section 1 of the charter, an argument disputed by the Canadian government.

Rule of Law

Issue

Holding and Reasoning (McLachlin, J.)

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