Annual Survey of International & Comparative Law Volume 16 | Issue 1 Article 9 2010 Canadian Blasphemy Law in Context: Press, Legislative, and Public Reactions Jeremy Patrick Follow this and additional works at: http://digitalcommons.law.ggu.edu/annlsurvey Part of the Other Law Commons Recommended Citation Patrick, Jeremy (2010) "Canadian Blasphemy Law in Context: Press, Legislative, and Public Reactions," Annual Survey of International & Comparative Law: Vol. 16: Iss. 1, Article 9. Available at: http://digitalcommons.law.ggu.edu/annlsurvey/vol16/iss1/9 This Article is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Annual Survey of International & Comparative Law by an authorized administrator of GGU Law Digital Commons. For more information, please contact
[email protected]. Patrick: Canadian Blasphemy Law CANADIAN BLASPHEMY LAW IN CONTEXT: PRESS, LEGISLATIVE, AND PUBLIC REACTIONS JEREMY PATRICK† I. INTRODUCTION Canada has always outlawed blasphemy. From the earliest days of the New France period, through the era of “Upper” and “Lower” Canada, past Confederation and the eventual enactment of the original Criminal Code, and still today, blasphemy has been considered a criminal offence in the Canadian legal system.1 However, this prohibition, whether expressed through common law or statute, has rarely been enforced through actual prosecution.2 In the 117 years since the Criminal Code was enacted, its prohibition on blasphemous libel has been enforced only five times in reported cases.3 A study of the Criminal Code provision and these five prosecutions provides valuable information on the legal treatment of blasphemy throughout Canadian history.