R. v. Boucher
Encyclopedia
R. v. Boucher [1951] S.C.R. 265 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.
. At trial, the jury found Boucher guilty, which was upheld on appeal.
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 where the Court overturned a conviction for seditious libel
Seditious libel
Seditious libel was a criminal offence under English common law. Sedition is the offence of speaking seditious words with seditious intent: if the statement is in writing or some other permanent form it is seditious libel...
on the grounds that criticizing the government was a valid form of protest.
Background
Aimé Boucher was a farmer in Beauce, Québec, and a practicing 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 of CanadaCriminal 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"...
. At trial, the jury found Boucher guilty, which was upheld on appeal.