Mugesera v. Canada
Canada Supreme Court
2005 S.C.C. 40, 2 S.C.R. 100 (2005)
- Written by Emily Pokora, JD
Facts
Canadian resident Léon Mugesera (defendant) was charged with crimes against humanity committed while in Rwanda. Mugesera was highly educated and in a prominent political position when he gave a hate speech that incited the murder and genocide of the Tutsi people. Upon his return to Canada, Mugesera was ordered to be deported pursuant to the Immigration Act because of his crimes. Mugesera appealed, arguing that he lacked the requisite mens rea element to be charged with crimes against humanity. The Immigration and Refugee Board, Appeals Division affirmed the charges, holding that being aware of the inhumane acts and having discriminatory intent was sufficient, even if no murder resulted from the acts. On review, this holding was overturned, and the court found that Mugesera’s actions did not rise to the level of a crime against humanity because no murder resulted. On further appeal, the Federal Court of Appeals affirmed, holding that there was lack of evidence of any causal link between Mugesera’s speech and the attack. This appeal followed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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