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R. v. Keegstra

R. v. Keegstra . Mariam Baghdasaryan Grade 12 LAW. Facts. James Keegstra was a high school teacher in Alberta in 1984. He was charged for promoting hatred against an identifiable group, by making anti-Semitic statements to his students. He taught his students that:

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R. v. Keegstra

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  1. R. v. Keegstra Mariam Baghdasaryan Grade 12 LAW

  2. Facts • James Keegstra was a high school teacher in Alberta in 1984. • He was charged for promoting hatred against an identifiable group, by making anti-Semitic statements to his students. • He taught his students that: • the Jewish Holocaust never occurred • Jews control world banking organizations • They are responsible for depressions, chaos, revolutions, wars etc.

  3. Arguments Criminal Code of Canada Charter of Rights and Freedoms

  4. Criminal Code of Canada Charter of Rights and Freedoms • Keegstra was charged under 319(2) • According to 319(2): Everyone who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of a) An indictable offence and is liable to imprisonment for a term not exceeding two years. • According to Charter: Section 319(2) violated accused’s rights to freedom of expression and to be presumed innocent under Charter sections 2(b) 2(b) Everyone has freedom of thought, belief, opinion and expression including freedom of the press and other media of communication.

  5. Issue • Does section 319(2) violate freedom of expression under section 2(b) of the Charter?

  6. Decision Under the criminal code: • Keegstra was sentenced one-year suspension, one year of probation and 200 hours of community work.

  7. Rationale According to Section One of the Canadian Charter of Rights and Freedoms: • The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. In this case it wasn’t a freedom of speech or expression, Keegstra was promoting hatred against Jewish people, teaching his students what he believed in.

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