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R v Lucas is the leading Supreme Court of Canada decision on the criminal offence of defamatory libel. [2] The Court held that the Criminal Code offence of defamatory libel infringed the constitutional protection of freedom of expression under Section 2(b) of the Canadian Charter of Rights and Freedoms, but the offence was a reasonable limit prescribed by law under Section 1 of the Charter.
"Defamatory libel" is a criminal offence under the Criminal Code. Subsection 298(1) defines defamatory libel as "a matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is ...
Canadian defamation law refers to defamation law as it stands in both common law and civil law jurisdictions in Canada. As with most Commonwealth jurisdictions, Canada follows English law on defamation issues (except in the province of Quebec where private law is derived from French civil law).
The Criminal Code contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the Code include the Firearms Act , the Controlled Drugs and Substances Act , the Canada Evidence Act , the Food and Drugs Act , the Youth Criminal Justice Act and the Contraventions Act .
On April 1, 1913, the High Court of Ontario returned a verdict of "No Bill" ruling that Russell was not entitled to damages because, the libel was not likely to result in any violence within Canada. [ 100 ] [ 101 ] Following the libel case, Ross published an expanded edition of 48-pages titled, Some Facts and More Facts about the Self-Styled ...
Criminal libel is a legal term, of English origin, which may be used with one of two distinct meanings, in those common law jurisdictions where it is still used.. It is an alternative name for the common law offence which is also known (in order to distinguish it from other offences of libel) as "defamatory libel" [1] or, occasionally, as "criminal defamatory libel".
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Blasphemy and Blasphemous libel were common law offences before the Criminal Code Act of 1892 abolished the common law offence of Blasphemy but included the offence of Blasphemous libel. Before repeal in December 2018, blasphemous libel was an offence under section 296 of the Criminal Code of Canada. 296