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1 Queen's L.J. 469 (1971-1972)
Section 98, Criminal Code and Freedom of Expression in Canada

handle is hein.journals/queen1 and id is 481 raw text is: SECTION 98, CRIMINAL CODE AND FREEDOM OF EXPRESSION IN CANADA J. B. Mackenzie The evidence that Canada currently enjoys the fullest possible measure of freedom under law is impressive. The British North America Act proclaims that our Constitution is similar in principle to that of the United Kingdom.' Our Bill of Rights preserves a wide list of civil rights free from encroachment by all Dominion statutes save one.- As a mem- ber of the United Nations, Canada has pledged to respect the principles of the Universal Declaration of Human Rights. But history teaches us that the values represented by these enactments may be far less deeply entrenched than their words would at first imply. The history of one section in particular of the Criminal Code - a section no longer in effect - provides a graphic illustration of the working of this principle. From 1919 to 1936 it was provided in the Criminal Code that any association ... whose professed purpose or one of whose purposes is to bring about any governmental, industrial or economic change in Canada by use of force, violence or physical injury to person or property, or by threats of such injury, or which teaches, advocates, advises or defends the use of force, violence, terrorism or physical injury to person or property, or threats of such injury, in order to accomplish such change, or for any other purpose, or which shall by any means prosecute or pursue such purpose or professed purpose, or shall so teach, advocate, advise or defend, was an unlawful association.' It was a criminal offence, punishable by up to 20 years imprisonment, to be a member of any such organization, to contribute funds to it, to speak publicly in advocacy of it, to attend any meetings of it, or to wear any badges or insignia of it; and the onus was on an accused to disprove membership in an illegal association once a statutory minimum of evidence tending to prove membership had been adduced by the Crown.4 It takes no special insight to recognize in 1 S.C. 30-31 Vict., c.3, preamble 2 S.C. 8-9 Eliz. 11, c.44 3 S.C. 9-10 Geo. V, c.45, s.1. The section referred to was originally enacted as s.97A, but was renumbered along with its companion section, s.97B, as s.98 in the statutory revision of 1927, and is known to history as s.98 accordingly. 4 Supra, n.3

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