| R. v. Boucher | |||||
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| Hearing: Judgment: December 18, 1950 |
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Chief Justice: Thibaudeau Rinfret |
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Majority by: Kerwin J. (pp. 277-283) |
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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.
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Aimé Boucher was a farmer in Beauce, Québec, and a practicing Jehovah's Witness. In 1946, [1] 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 Canada. At trial, the jury found Boucher guilty, which was upheld on appeal.
In a 5 to 4 decision, the Court held that the mere publishing of critical statements, without any intention to incite violence against the government, could not be seditious libel.