Zundel's Did Six Million Really Die?

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Summary of key facts: The Zundel case (1992) was developed on the constitutional defining section 181 of the Criminal Code which prohibits wilful advertise of false news. Zundel published a booklet entitled "Did Six Million Really Die?" claiming that the Holocaust was a myth, implying a fake event developed from a Jewish conspiracy. Judge McLachlin presented the judgment of the Supreme Court of Canada that Zundel's publication was defined under the protection of the subsection 2(b) of the Canadian Charter of Rights and Freedoms. Having these communications protected, it saves those that were damaged through violence and his opinion promotes violence. However, majority of the court stood by section 181 that he was convicted of the spread of false information breaching section 2(b) of the Canadian Charter of Right and Freedoms, thus denying Zundel's …show more content…

The Supreme court ruled that Section 181 of the Criminal Code intersects section 2(b) of the Charter of Rights and Freedoms which guarantees the right to freedom of expression as long as the expression is not violent. They defined that the booklet that he created was not violent and allowed under the concept of freedom of expression as the form is different from the content in this scenario thus, the allegation made did not apply. The court found that section 181's attempt to censor all expressions unjustifiable since many acceptable expressions could fit that description. According to analysis, section 181 was a reasonable limit on freedom of expression in a free and democratic society. In the end, majority of the Supreme Court held that section 181 of the Criminal Code was unconstitutional and therefore, his conviction was overturned even though this is not what most wanted, the situation was dealt in this matter due to the