R. v. Lucas
Encyclopedia
R. v. Lucas, [1998] 1 S.C.R. 439 is the leading Supreme Court of Canada
decision on defamatory libel
. The Court held that the freedom of expression under Section 2(b)
of the Canadian Charter of Rights and Freedoms
is subject to the "reasonable limits prescribed by law" set out in Section 1
of the Canadian Charter of Rights and Freedoms
.
case had resulted in charges against a number of people. Charges for four of them were stayed. These four went to see John Lucas, a prisoners' rights
activist, for help with dealing with the effect the charges have had on their lives. Together they developed a theory that one of the police officers in the investigation had been complicit in the sexual abuse and had allowed the four to be charged.
They picketed the provincial court house and the police station. Lucas held signs that said:
"Did [the police officer] help/or take part in the rape & sodomy of an 8 year old. The ... papers prove [the officer] allowed his witness to rape"; and "The papers prove [the officer] allowed the false arrest & detention of Mrs. Lucas, with a falsified information".
Lucas was charged under section 300 (now 298) of the Criminal Code of Canada
. The provision required that the accused knew the statement to be false and knew it would expose the person to hatred, contempt, or ridicule.
The issue before the Court was whether the Criminal Code provision violated the freedom expression.
of the Charter. He stated that protecting reputation from false attacks was a justifiable purpose of the law.
Justice McLachlin
wrote a separate concurring opinion but added that she was concerned that Cory's comments about the value of the statements would "lower the bar of justification from the outset of the s. 1 analysis".
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on defamatory libel
Defamatory libel
Defamatory libel was originally an offence under the common law of England. It has been abolished in England and Wales and Northern Ireland. It was or is a form of criminal libel, a term with which it is synonymous.-England and Wales and Northern Ireland:...
. The Court held that the freedom of expression under Section 2(b)
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
is subject to the "reasonable limits prescribed by law" set out in Section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
Background
A police investigation into a child sexual abuseChild sexual abuse
Child sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities , indecent exposure with intent to gratify their own sexual desires or to...
case had resulted in charges against a number of people. Charges for four of them were stayed. These four went to see John Lucas, a prisoners' rights
Prisoners' rights
The rights of civil and military prisoners are governed by both national and international law. International conventions include: the International Covenant on Civil and Political Rights; the United Nations' Minimum Rules for the Treatment of Prisoners and the European Committee for the...
activist, for help with dealing with the effect the charges have had on their lives. Together they developed a theory that one of the police officers in the investigation had been complicit in the sexual abuse and had allowed the four to be charged.
They picketed the provincial court house and the police station. Lucas held signs that said:
"Did [the police officer] help/or take part in the rape & sodomy of an 8 year old. The ... papers prove [the officer] allowed his witness to rape"; and "The papers prove [the officer] allowed the false arrest & detention of Mrs. Lucas, with a falsified information".
Lucas was charged under section 300 (now 298) of the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
. The provision required that the accused knew the statement to be false and knew it would expose the person to hatred, contempt, or ridicule.
The issue before the Court was whether the Criminal Code provision violated the freedom expression.
Reasons of the court
Justice Cory, for the majority of the Court, held that the provision violated the right to expression but was saved under section 1Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
of the Charter. He stated that protecting reputation from false attacks was a justifiable purpose of the law.
Justice McLachlin
Beverley McLachlin
Beverley McLachlin, PC is the Chief Justice of Canada, the first woman to hold this position. She also serves as a Deputy of the Governor General of Canada.-Early life:...
wrote a separate concurring opinion but added that she was concerned that Cory's comments about the value of the statements would "lower the bar of justification from the outset of the s. 1 analysis".