''R v Boucher'' is a

Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...

decision where the Court overturned a conviction for seditious libel on the grounds that criticizing the government was a valid form of protest.

Background

Aimé Boucher was a farmer in Beauce, Quebec, and a practising Jehovah's Witness. In 1946, he was arrested while distributing pamphlets entitled "Québec's Burning Hate for God and Christ and Freedom Is the Shame of all Canada." The pamphlets criticized the Québec government suppression of the Witnesses and the courts for doing nothing to prevent it. Boucher was charged for seditious libel — for endeavouring to promote public disorder — under section 133(2) of the Criminal Code. At trial, the jury found Boucher guilty, which was upheld on appeal.''Boucher v. The King''
951SCR 265.

Opinion of the Court

In a 5 to 4 decision, the Supreme Court held that the mere publishing of critical statements, without any intention to incite violence against the government, could not be seditious libel.

References

Canadian freedom of expression case law Supreme Court of Canada cases 1951 in Canadian case law Jehovah's Witnesses litigation Religion in Canada Canadian criminal case law Christianity and law in the 20th century Sedition {{JehovahsWitnesses-stub

Background

Opinion of the Court

See also

References