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

Facts:

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.

319(2):
**AR: Communicating, promoting hatred, communicating not in private
319(1):
**AR: Communicating, promoting hatred, Incitement leads to breach of peace, communicating in any public space

Issue(s):

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

Ratio:

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.

Analysis:

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.

Holding:

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


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