| 词条 | R v Boucher |
| 释义 |
|case-name=R v Boucher |full-case-name=Aime Boucher v. His Majesty the King |heard-date= |decided-date=December 18, 1950 |citations=[1951] S.C.R. 265 |docket= |history=Judgment for the Crown in the Quebec Court of King's Bench, Appeal Side. |ruling= Appeal allowed. |ratio= The criminal offence of seditious libel requires language that is calculated to promote public disorder or physical force or violence. |SCC=1949-1954 |Majority=Kerwin J. |Concurrence=Rand J. |Concurrence2=Kellock J. |Concurrence3=Estey J. |Concurrence4=Locke J. |Dissent=Rinfret C.J. |Dissent2=Taschereau J. |Dissent3=Cartwright J. |JoinDissent3=Fauteux J. |NotParticipating= |LawsApplied= }}R v Boucher[1] is a famous Supreme Court of Canada decision where the Court overturned a conviction for seditious libel on the grounds that criticizing the government was a valid form of protest. BackgroundAimé Boucher was a farmer in Beauce, Québec, and a practicing Jehovah's Witness. In 1946,[2] 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. Opinion of the CourtIn a 5 to 4 decision, Canada's Supreme Court held that the mere publishing of critical statements, without any intention to incite violence against the government, could not be seditious libel. Footnotes1. ^R v Boucher, [1951] {{webarchive|url=https://web.archive.org/web/20110720084818/http://scc.lexum.org/en/1950/1951scr0-265/1951scr0-265.html |date=2011-07-20 }} SCR 265. 2. ^R v Boucher, p 305 External links
7 : 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 |
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