R. v. Krymowski
| R v Krymowski | |
|---|---|
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| Hearing: November 8, 2004 Judgment: February 24, 2005 |
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| Full case name | Her Majesty The Queen v Krystopher Krymowski, Ryan Douglas Marshall, Quinn Mason McFarlane, Michael Peter Schultz, J.J.V. and A.M.V |
| Citations | [2005] 1 SCR 101, 2005 SCC 7, 249 DLR (4th) 28, 193 CCC (3d) 129, 26 CR (6th) 207, 195 OAC 341 |
| Docket No. | 29865 |
| Prior history | Judgement for the defendants in the Court of Appeal for Ontario |
| Holding | |
| The trial judge erred by failing to consider the totality of the evidence in a hate speech case. | |
| Court Membership | |
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Chief Justice: Beverley McLachlin Puisne Justices: John C. Major, Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron |
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| Reasons given | |
| Unanimous reasons by | Charron J. |
R v Krymowski [2005] 1 S.C.R. 101 was a decision by the Supreme Court of Canada on hate speech against the Roma people, also known as "Gypsies."
When Roma refugees were allowed into Canada in 1997, a protest was staged by 25 neo-Nazis and other people in front of the motel where the refugees were staying. The protest followed weeks of public controversy in which a large number of public officials, members of the press and media, police and the general public spoke and wrote very harsh things about "gypsy" refugee claimants. Several major newspapers ran news articles and editorials highly critical of gypsy refugees, suggesting a culture of criminality and an abuse by the refugee claimants of Canada's immigration and social services systems. One senior local official was even quoted as saying that gypsies "pimp their wives and daughters" and train their children to steal. The public mood towards the refugee claimants was especially grim because of ongoing major cuts to social programs, which were already putting local needy families at risk.
Three weeks into the controversy, the demonstration occurred, lasting approximately two hours. Protesters held signs that said, for example, "Honk if you hate Gypsies," "Canada is not a Trash Can," and "G.S.T. — Gypsies Suck Taxes." (The last is a reference to Canada's unpopular Goods and Services Tax, also known as GST.) The protesters did not refer to "Roma." Police described the protest as "peaceful." The trial judge agreed. One of the two lead detectives testified that the "essential message" of the demonstrators "was that "gypsy refugee claimants" should not be permitted to stay in Canada" and that "many people were expressing [that] view," before and after the demonstration. However, a large number of the protesters wore neo-Nazi paraphernalia.
Four months later, after intense public lobbying by pressure groups, the homes of a number of people believed to have been involved in the demonstration were raided by police. Seven people were charged with willful promotion of hatred against an "identifiable group," a crime under the Criminal Code. All persons charged ranged in age from 15-20. No public official or members of the media or police were charged.
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