Arthur Topham’s lawyer argued that the decision infringed on his client’s right to freedom of expression through his Radical Press website and that in the internet age, the same viewpoints are available in many places.

Justice Bruce Butler noted that the fact that the internet had increased people’s ability to communicate widely did not raise a new legal issue.

A 12-member jury, after a 14-day trial, found Topham guilty of two counts of promoting hatred against an identifiable group, in this case those of the Jewish faith.

Sentencing was delayed until after this chartar challenge was heard.

Topham is now scheduled to be sentenced on March 13th.