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Rv. James Keegstra
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R. v. Keegstra
Fatima Kazi & Emelyn Cerda
Table of Contents
1. Overview
2. Case Details
3. How it affect's Canada
4. Conclusion
5. Discussion
TABLE OF CONTENTS
INTRODUCTION
- James Keegstra was a teacher in a secondary school in Alberta
- He began to teach racially adverse material targeting jewish people
- He made anti-semitic statements in his classes and was accused of having incited hatred against the jews
- In 1984 James Keegstra was charged under section 319(2) of the Criminal Code
OVERVIEW
JAMES KEEGSTRA
CASE DETAILS
01
01
TRIAL
- His lawyer argued that section 319(2) of the Criminal Code violated Keegstra’s right of freedom of expression
- The trial judge disagreed
- The trial judge held that section 319(2) did not infringe section 2(b) of the Charter — freedom of expression
- The jury convicted Keegstra of willful promotion of hatred
02
02
APPEAL
- Keegstra appealed his conviction, the court of appeal struck it down
- The court found that it violated the right to freedom of expression
- Determined that the violation of section 2(b) was not justified under section 1 of the charter
- The Crown appealed the court of appeal’s decision to the Supreme Court of Canada
03
03
Decision/Result
- Used the Oakes Test to determine if the violation of Keegstra’s freedom of expression was justified
- The court upheld the crime of promoting hatred as a reasonable limit on expression
- Section 319(2) of the criminal code was held to be constitutional
- Keegstra’s conviction was restored
- One year suspended sentence
- One year of probation
- 200 hours of community service
- Rv. Keegstra was a Landmark case on freedom of expression
· The case generated a debate in Canada on free expression and whether we can control hate speech.
CANADA
HOW IT AFFECT'S CANADA
IN BRIEF
CONCLUSION
Don Cherry
Discussion
Discussion
Should teachers give their opinion in class or stick to the facts?
REFERENCES
REFERENCES
Bowal, P. (2018, November 27). What Ever Happened to... Jim Keegstra - LawNow. Retrieved from https://www.lawnow.org/what-ever-happened-to-jim-keegstra/.
Don Cherry fired from Hockey Night in Canada following controversial poppy comments: Watch News Videos Online. (2019, November 11). Retrieved November 12, 2019, from https://globalnews.ca/video/6155399/don-cherry-out-at-hockey-night-in-canada-following-controversial-poppy-comments.
Keegstra Case. (n.d.). Retrieved from https://www.thecanadianencyclopedia.ca/en/article/keegstra-case.
R. v. Keegstra. (2015, June 16). Retrieved from https://globalfreedomofexpression.columbia.edu/cases/r-v-keegstra/.
Supreme Court of Canada. (2012, December 3). SCC Case Information - Search. Retrieved from https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/695/index.do.