''R v Lucas'' is the leading
Supreme Court of Canada decision on the criminal offence of
defamatory libel.
''R_v_Lucas'',_ ''R_v_Lucas'',_[1998
/nowiki>_1_SCR_439.">998">''R_v_Lucas'',_[1998
/nowiki>_1_SCR_439./ref>_The_Court_held_that_the_Criminal_Code_(Canada).html" ;"title="998
/nowiki>_1_SCR_439..html" ;"title="998">''R v Lucas'', [1998
/nowiki> 1 SCR 439.">998">''R v Lucas'', [1998
/nowiki> 1 SCR 439./ref> The Court held that the Criminal Code (Canada)">''Criminal Code'' offence of defamatory libel infringed the constitutional protection of freedom of expression under Section Two of the Canadian Charter of Rights and Freedoms, Section 2(b) of the ''Canadian Charter of Rights and Freedoms'', but the offence was a reasonable limit prescribed by law under Section 1 of the '' Charter''.
Background
A police investigation into a child sexual abuse
Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whet ...
case had resulted in charges against a number of people. Charges for four of them were stayed. These four went to see John Lucas, a prisoners' rights
The rights of civilian and military prisoners are governed by both national and international law. International conventions include the International Covenant on Civil and Political Rights; the United Nations' Minimum Rules for the Treatment ...
activist, for help with dealing with the effect the charges have had on their lives. Together they developed a theory that one of the police officers in the investigation had been complicit in the sexual abuse and had allowed the four to be charged.
They picketed the provincial court house and the police station. Lucas held signs that said:
"Did he police officerhelp/or take part in the rape & sodomy of an 8 year old. The ... papers prove he officerallowed his witness to rape"; and "The papers prove he officerallowed the false arrest & detention of Mrs. Lucas, with a falsified information".
Lucas was charged under section 300 of the ''Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
''. The provision required that the accused knew the statement to be false and knew it would expose the person to hatred, contempt, or ridicule.
The issue before the Court was whether the ''Criminal Code'' provision violated the right to freedom of expression.
Reasons of the court
Justice Cory, for the majority of the Court, held that the provision violated the right to expression but was saved under section 1 of the ''Charter''. He stated that protecting reputation from false attacks was a justifiable purpose of the law.
Justice McLachlin wrote a separate concurring opinion but added that she was concerned that Cory's comments about the value of the statements would "lower the bar of justification from the outset of the s. 1 analysis".
See also
* List of Supreme Court of Canada cases (Lamer Court)
This is a chronological list of notable cases decided by the 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 ...
External links
*
References
{{DEFAULTSORT:Lucas
Canadian freedom of expression case law
Canadian Charter of Rights and Freedoms case law
Supreme Court of Canada cases
1998 in Canadian case law