Section 2(b) of the Charter protects the right of a minority to express its view, however unpopular it may be. All communications which convey or attempt to convey meaning are protected by s. 2(b), unless the physical form by which the communication is made (for example, a violent act) excludes protection. The content of the communication is irrelevant. The purpose of the guarantee is to permit free expression to the end of promoting truth, political or social participation, and self-fulfillment. That purpose extends to the protection of minority beliefs which the majority regards as wrong or false.
Section 181, (the "False News Law") which may subject a person to criminal conviction and potential imprisonment because of words he published, has undeniably the effect of restricting freedom of expression and, therefore, imposes a limit on s. 2(b).
Writing for the majority, Justice Beverley McLachlin stated:
"To permit the imprisonment of people, or even the threat of imprisonment, on the ground that they have made a statement which 12 of their co-citizens deem to be false and mischievous to some undefined public interest, is to stifle a whole range of speech, some of which has long been regarded as legitimate and even beneficial to our society."
Here is the paradox, delicious to supporters of Ernst Zündel, anathema
to Zündel foes: One of the world's best-known defenders and explainers
of some of Third Reich principles as eminently sane and practical policies
with which to stem decay and galvanize renewal of wrecked morale in decomposing
Western culture and civilization besieged by New World Order dogma - while
battling for his right to speak his mind and write his editorials, free
from encroaching Jewish censorship - has strengthened and affirmed the
Free Speech Law for all Canadians.
In a statement to reporters, Ernst Zündel had this to say:
"Perversely, I secured for my enemies their right to lie about me."