R. v. Keegstra
Canada Supreme Court
[1990] 3 S.C.R. 697 (Can.) (1990)
- Written by Heather Whittemore, JD
Facts
Section 319(2) of the Criminal Code of Canada prohibited the willful promotion of hatred toward an identifiable group, such as a group based on race, religion, or ethnicity, in a public setting. James Keegstra (defendant) was a high school teacher in Alberta. In 1984 Keegstra was charged and convicted for violating § 319(2) after he shared hateful and prejudicial opinions about Jewish people in his classroom. Keegstra’s conviction was overturned by the Alberta Court of Appeal after the court determined that § 319(2) violated the freedom of expression guaranteed in § 2 of the Canadian Charter of Rights and Freedoms (the charter). The Canadian government (plaintiff) appealed, arguing that § 1 of the charter allowed the government to criminalize hate speech.
Rule of Law
Issue
Holding and Reasoning (Dickson, C.J.)
Dissent (McLachlin, J.)
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