III. ISSUES IN THIS APPEAL

By an order dated January 28, 1991, the Chief Justice stated the following constitutional questions:

1. Is s. 181 (formerly s. 177) of the Criminal Code of Canada contrary to fundamental freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication, set out in s. 2(b) of the Canadian Charter of Rights and Freedoms?

2. If so, is s. 181 (formerly s. 177) of the Criminal Code of Canada a reasonable limit prescribed by law demonstrably justifiable in a free and democratic society as required by s. 1 of the Canadian Charter of Rights and Freedoms?

In a subsequent order on June 14, 1991 the Chief Justice added two further constitutional questions:

3. Is s. 181 (formerly s. 177) of the Criminal Code contrary to s. 7 of the Canadian Charter of Rights and Freedoms as being a vague and uncertain restriction upon the fundamental freedom of expression?

4. If so, is s. 181 (formerly s. 177) of the Criminal Code a reasonable limit prescribed by law demonstrably justifiable in a free and democratic society, pursuant to s. 1 of the Canadian Charter of Rights and Freedoms?

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