R v Boucher is a 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.
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.[1]
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.[1]
boucher, supreme, court, canada, decision, where, court, overturned, conviction, seditious, libel, grounds, that, criticizing, government, valid, form, protest, supreme, court, canadahearing, judgment, december, 1950full, case, nameaime, boucher, majesty, king. R v Boucher is a 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 R v BoucherSupreme Court of CanadaHearing Judgment December 18 1950Full case nameAime Boucher v His Majesty the KingCitations 1951 SCR 265Prior historyJudgment for the Crown in the Quebec Court of King s Bench Appeal Side RulingAppeal allowed HoldingThe criminal offence of seditious libel requires language that is calculated to promote public disorder or physical force or violence Court membershipChief Justice Thibaudeau RinfretPuisne Justices Patrick Kerwin Robert Taschereau Ivan Rand Roy Kellock James Wilfred Estey Charles Holland Locke John Robert Cartwright Gerald FauteuxReasons givenMajorityKerwin J ConcurrenceRand J ConcurrenceKellock J ConcurrenceEstey J ConcurrenceLocke J DissentRinfret C J DissentTaschereau J DissentCartwright J joined by Fauteux J Contents 1 Background 2 Opinion of the Court 3 See also 4 ReferencesBackground EditAime Boucher was a farmer in Beauce Quebec and a practising Jehovah s Witness In 1946 he was arrested while distributing pamphlets entitled Quebec s Burning Hate for God and Christ and Freedom Is the Shame of all Canada The pamphlets criticized the Quebec 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 1 Opinion of the Court EditIn 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 1 See also EditLamb v BenoitReferences Edit a b Boucher v The King 1951 SCR 265 This article about Canadian law is a stub You can help Wikipedia by expanding it vte This Jehovah s Witnesses related article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title R v Boucher amp oldid 1128971799, wikipedia, wiki, book, books, library,
