Canadian Charter Of Rights And Freedoms: R. V. Keegstra

e Canadian Charter of Rights and Freedoms, patriated in 1982, is arguably the most fundamental base of law that exists in Canada. Section 2 of the Charter, also known as the Fundamental Freedoms, is a crucial part of the Charter because it protects citizens and gives them the freedom to follow and practice their own religion, have their own beliefs and opinions, express themselves as they wish and gather in peaceful assemblies (Jobb). Section 2(b) of the Charter, also known as the “freedom of expression”, states that Canadians have the “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication” (Class Note, Al-Hassani, 10/10/2014). This freedom is crucial in a democratic society because
v. Keegstra, a case that has made a huge impact on the modification of limits to freedom of expression started in the year 1990. After being a high school teacher for 14 years in Eckville, Alberta, Keegstra was charged with “wilfully promoting hatred against an identifiable group by communicating anti-Semitic statements to his students” by teaching students racially prejudiced material targeting Jewish people. In his teachings, children were taught that Jewish people wanted to destroy Christianity and that the Holocaust was created to gain sympathy. On tests and exams, those students who wrote down the beliefs of the teacher would earn higher grades than those who wrote other views. In 1984, Keegstra was charged under section 319(2) of the Criminal Code, “Everyone who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of an offence punishable on summary conviction” (The Supreme Court of Canada). The judge at the time ruled that the Charter provides individuals with equal protection and benefit of the law without discrimination on the basis of colour, race, religion or ethnic origin. Since Keegstra violated these Charter rights, he was convicted of wilful promotion of hatred with a one year suspension, one year probation and 200 hours of community service. This decision was appealed to the Alberta Court of Appeal where the judge stated that the statements that the speaker knows to be false are not protected by the Charter although section 2(b) protects innocent and imprudent speech. This means that false statements said by a person regardless of whether or not the person knows whether the statement is false or not, violates the freedom of expression. The Crown appealed the Alberta Court of Appeal’s decision where the majority of judges disagreed with Alberta. The majority rejected this argument because wilful promotion of hatred is a violent activity and suppression of it is