They picketed the provincial court house and the police station. Lucas held signs that said: "Did [the police officer] help/or take part in the rape & sodomy of an 8 year old. The ... papers prove [the officer] allowed his witness to rape"; and "The papers prove [the officer] allowed the false arrest & detention of Mrs. Lucas, with a falsified information".
Lucas was charged under section 300 (now 298) of the Criminal Code of Canada. The provision required that the accused knew the statement to be false and knew it would expose the person to hatred, contempt, or ridicule.
The issue before the Court was whether the Criminal Code provision violated the freedom expression.
Justice McLachlin wrote a separate concurring opinion but added that she was concerned that Cory's comments about the value of the statements would "lower the bar of justification from the outset of the s. 1 analysis".
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