Gourt Home::Gourt :: R. v. Keegstra
R. v. Keegstra, * 3 SCR 697 is a landmark freedom of expression decision of the Supreme Court of Canada where the Court upheld the Criminal Code provision prohibiting the unlawful promotion of hatred against an identifiable group as constitutional under the freedom of expression provision in section 2(b) of the Canadian Charter of Rights and Freedoms.
Background
James Keegstra was a high school teacher in Eckville, Alberta. In 1984, he was charged under section 281.2(2) of the Criminal Code 319(2) for "promoting hatred against an identifiable group by communicating anti-semitic statements to his students". During class, he would describe Jews as a people of profound evil who had "created the Holocaust to gain sympathy". As well, he tested his students on exams on his theories and opinion of Jews.
Keegstra had applied to have the charge quashed for violation of his freedom of expression, however, this motion was denied and he was eventually convicted at trial.
The issue before the Supreme Court was whether 319(2) and 319(3)(a) of the Criminal Code violated section 2(b) of the Charter and if so whether it could be saved under section 1.
Opinion of the Court
The Court found that section 319 clearly violated section 2(b) as it was legislation designed to suppress expression. However, the Court found that the violation was justified under section 1 as the law had a rational connection to its objective, it was not overly limiting, and the seriousness of the violation was not severe as the content of the hateful expession has little value to protect.
See also
External link
1990 in law | Canadian Charter of Rights and Freedoms case law | Supreme Court of Canada cases | Canadian freedom of expression case law
"R. v. Keegstra"