The appellants, leaders of a white nationalist political organization, were convicted of wilfully promoting hatred against an identifiable group under s. 319(2) of the Criminal Code for publishing a magazine promoting white supremacy and anti-Semitism.
They challenged the constitutionality of s. 319(2) and the reverse onus in the defence of truth under s. 319(3)(a).
The Supreme Court of Canada, relying on its concurrent decision in R. v. Keegstra, held that while both provisions infringe the Charter (s. 2(b) and s. 11(d) respectively), they are justified under s. 1 as reasonable limits in a free and democratic society.
