The appellant challenged his conviction for spreading false news arising from publication of a pamphlet denying the Holocaust.
The Supreme Court held, by majority, that s. 181 of the Criminal Code infringed freedom of expression under s. 2(b) of the Charter because it criminalized a broad range of expression, including false statements, and that the provision could not be justified under s. 1.
The majority found the provision lacked a pressing and substantial objective demonstrably tied to Parliament's intent and was overly broad and disproportionate in its reach.
The appeal was allowed, an acquittal was entered, and the dissent would have upheld the provision as a justified limit aimed at preventing serious harm caused by deliberate injurious lies.
