The Court upheld the criminal provision that prohibits communicating statements that wilfully promote hatred.

Together they were in charge of the party's bi-monthly magazine called the National Reporter which made claims against the Jewish and black peoples.

Both Andrews and Smith were charged with "unlawfully communicating statements, other than in private conversation, which willfully promoted hatred against an identifiable group" contrary to s. 319(2) of the Criminal Code.

Chief Justice Dickson, writing for the majority, upheld the Criminal Code provisions.

Dickson looked to his opinion in R. v. Keegstra and applied the reasoning from the decision came to the same conclusion that the law should be upheld.