Defamation, calumny, vilification, or traducement is the communication of a false statement that harms the reputation of, depending on the law of the country, an individual, business, product, group, government, religion, or nation.
R v Martineau, [1990] 2 SCR 633 is a leading Supreme Court of Canada case on the mens rea requirement for murder.
Sedition and seditious libel were criminal offences under English common law, and are still criminal offences in Canada. Sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order: if the statement is in writing or some other permanent form it is seditious libel. Libel denotes a printed form of communication such as writing or drawing.
Section 11 of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution that protects a person's legal rights in criminal and penal matters. This includes both criminal as well as regulatory offences, as it provides rights for those accused by the state for public offences. There are nine enumerated rights protected in section 11.
R v Zundel [1992] 2 S.C.R. 731 is a landmark Supreme Court of Canada decision where the Court struck down the provision in the Criminal Code that prohibited publication of false information or news on the basis that it violated the freedom of expression provision under section 2(b) of the Canadian Charter of Rights and Freedoms.
R v Keegstra, [1990] 3 S.C.R. 697 is a landmark freedom of expression decision of the Supreme Court of Canada where the court upheld the Criminal Code provision prohibiting the wilful promotion of hatred against an identifiable group as constitutional under the freedom of expression provision in section 2(b) of the Canadian Charter of Rights and Freedoms. It is a companion case to R v Andrews.
Rodriguez v British Columbia (AG), [1993] 3 SCR 519 is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the Canadian Charter of Rights and Freedoms ("Charter") by a terminally ill woman, Sue Rodriguez. In a 5–4 decision, the Court upheld the provision in the Criminal Code.
A reverse onus clause is a provision within a statute that shifts the burden of proof onto the individual specified to disprove an element of the information. Typically, this provision concerns a shift in burden onto a defendant in either a criminal offence or tort claim. For example, the automotive legislation in many countries provides that any driver who hits a pedestrian has the burden of establishing that they were not negligent.
R v Skinner, [1990] 1 SCR 1235, is a leading constitutional decision of the Supreme Court of Canada on the freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms ("Charter").
R v Seaboyer, [1991] 2 S.C.R. 577 is a leading Supreme Court of Canada decision where the Court struck-down a rape-shield provision of the Criminal Code as it violated the right to "full answer and defence" under sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms. The case was decided with R v Gayme.
Reference re ss. 193 & 195.1(1)(c) of Criminal Code (Canada),, [1990] 1 S.C.R. 1123 is a decision of the Supreme Court of Canada on the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms, and on prostitution in Canada. Nova Scotia's Appeal Court had ruled the legislation violated the guarantee of freedom of expression in the Charter of Rights and Freedoms, by constraining communication in relation to legal activity. The case was referred to the Supreme court.
R v Mills, [1999] 3 S.C.R. 668 is a leading Supreme Court of Canada decision where the Court upheld the newly enacted rape shield law when challenged as a violation to section 7 and 11(d) of the Canadian Charter of Rights and Freedoms. The rape shield law was the second of its type, the first having been struck down in R. v. Seaboyer. Accordingly, this case is often cited as an example of judicial dialogue.
A rape shield law is a law that limits the ability to introduce evidence or cross-examine rape complainants about their past sexual behavior. The term also refers to a law that prohibits the publication of the identity of an alleged rape victim.
R v Andrews, [1990] 3 S.C.R. 870 is a decision of the Supreme Court of Canada on the freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms. It is a companion case to R v Keegstra. The Court upheld the criminal provision that prohibits communicating statements that wilfully promote hatred.
R v Wigglesworth, [1987] 2 S.C.R. 541 is a leading Supreme Court of Canada decision on the constitutional right against double jeopardy under Section 11(h) of the Canadian Charter of Rights and Freedoms. The Court gave a two-part test to determine whether a proceeding deals with a criminal matter.
R v Hess; R v Nguyen, [1990] 2 S.C.R. 906 is a decision of the Supreme Court of Canada where the Court struck down part of the Criminal Code offence of rape as a violation of section 7 of the Canadian Charter of Rights and Freedoms.
Hate speech laws in Canada include provisions in the federal Criminal Code and in some other federal legislation. There are also statutory provisions relating to hate publications in some, but not all, of the provinces and territories.
The passage of the Canadian Charter of Rights and Freedoms in 1982 allowed for the provision of challenging the constitutionality of laws governing prostitution law in Canada in addition to interpretative case law. Other legal proceedings have dealt with ultra vires issues. In 2013, three provisions of the current law were overturned by the Supreme Court of Canada, with a twelve-month stay of effect. In June 2014, the Government introduced amending legislation in response.
Freedom of expression in Canada is protected as a "fundamental freedom" by Section 2 of the Canadian Charter of Rights and Freedoms.
R v Spencer is a Canadian constitutional law decision of the Supreme Court of Canada, concerning search and seizure law under section 8 of the Canadian Charter of Rights and Freedoms. At issue was whether the police could request subscriber information associated with an IP address from an Internet service provider, on a voluntary basis under the Personal Information Protection and Electronic Documents Act, and without prior judicial authorisation. The Supreme Court unanimously ruled that the request for internet subscriber information infringed the Charter's guarantee against unreasonable search and seizure.
