R v Keegstra
| R v Keegstra | |
|---|---|
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| Hearing: December 5, 6, 1989 Judgment: December 13, 1990 |
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| Full case name | Her Majesty The Queen v James Keegstra |
| Citations | [1990] 3 S.C.R. 697 |
| Docket No. | 21118 |
| Ruling | The appeal should be allowed. |
| Court Membership | |
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Chief Justice: Brian Dickson Puisne Justices: Antonio Lamer, Bertha Wilson, Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin |
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| Reasons given | |
| Majority | Dickson C.J., joined by Wilson, L'Heureux-Dubé, and Gonthier JJ. |
| Dissent | McLachlin J., joined by Sopinka and La Forest JJ. |
| Laws Applied | |
| Irwin Toy Ltd v Quebec (AG) (1989); R v Whyte, (1988); R v Oakes, (1986); R v Morgentaler, (1988); Rocket v Royal College of Dental Surgeons of Ontario, (1990) | |
R v Keegstra, [1990] 3 S.C.R. 697 is a landmark freedom of expression decision of the Supreme Court of Canada where the court upheld the Criminal Code provision prohibiting the wilful 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. It is a companion case to R v Andrews.
James Keegstra was a public school teacher in Eckville, Alberta. In 1984, he was charged under section 281.2(2) of the Criminal Code [now 319(2)] ("Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group") for "promoting hatred against an identifiable group by communicating anti-Semitic statements to his students". During classes, he described Jews as a people of profound evil who had "created the Holocaust to gain sympathy." He also tested his students in exams on his theories and opinion of Jews.
Keegstra believed in a Jewish conspiracy and held anti-Semitic views. This conspiracy theory is the notion of world domination by Jews and their plan to annihilate Christianity. He has asserted that the current historical information being taught in universities and schools is a trap set by the Jews to mislead the public. He claims that the education system has failed because of their awareness regarding Jewish conspiracy with the Holocaust. Keegstra believes he is one of the few chosen individuals who is aware of this treachery and must put a stop to it. Keegstra would teach his classes concepts that were not a part of the Alberta Social Studies Curriculum.
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