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R v Buzzanga and Durocher. (1979), 49 CCC (2d) 369 (Ont. CA)


B and D French. They made statements they say were pure theatrics. They had no intention to raise hatred. They /wanted to get the French angry so they would demand school be built.

**AR: Communicating, promoting hatred, communicating not in private
**AR: Communicating, promoting hatred, Incitement leads to breach of peace, communicating in any public space


Did the trial judge misdirect himself as to the meaning of willfully? What does the word willfully in s.319(2) mean?


A person who is conscious or who foresees that a consequence is certain or substantially certain to result from an act which he does in order to achieve some other purpose, intends the consequence.


In this case the willfully means intentionally
**Willfully is the same as intent in s.319(2) – for the most part willfully tends to mean intent

The general mens rea that is required when no mental element is mentioned in the definition = the intentional or reckless bringing about of the result which the law seeks to prevent.


New trial ordered: the ulterior purpose was to get French school built – not promoting hatred

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