James Keegstra
Encyclopedia
James "Jim" Keegstra is a former public school teacher in Eckville, Alberta
, Canada
, who was charged and convicted of hate speech
in 1984. The conviction was overturned by the Court of Appeal but re-instated by the Supreme Court of Canada
. The decision received substantial international attention and became a landmark Canadian legal case.
teacher in the town of Eckville, Alberta
. In 1984, Keegstra was stripped of his teaching certificate and charged under the Criminal Code of Canada
with "wilfully promoting hatred against an identifiable group" by teaching his social studies
students that the Holocaust
was a fraud and attributing various evil qualities to Jews. He thus described Jews to his pupils as "treacherous", "subversive", "sadistic", "money-loving", "power hungry" and "child killers". He taught his classes that the Jewish people seek to destroy Christianity and are responsible for depressions, anarchy, chaos, wars and revolution. According to Keegstra, the Jews "created the Holocaust to gain sympathy" and, in contrast to the open and honest Christians, were said to be deceptive, secretive and inherently evil. Keegstra expected his students to reproduce his teachings in class and on exams. If they failed to do so, their marks suffered.
Keegstra attempted to have this charge squashed as a violation of his freedom of expression; this motion was denied, and he was convicted at trial. Many of his former students testified against him. Publicly stating that Keegstra had brought their town into disrepute, locals were unable to impeach Keegstra as mayor and instead overwhelmingly voted him out of office at the next election.
. This section guarantees "freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication." Keegstra also challenged his conviction on the grounds that Section 319(3)(a) of the Criminal Code of Canada
, which states that a person cannot be convicted of promoting hatred if she or he establishes that the statement is true, but only where the accused proves the truth of the communicated statements on a balance of probabilities, was a violation of Section 11(d) of the Charter. That section guarantees "the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal." Keegstra was not able to demonstrate the truth of the many antisemitic statements he made to his students, on a balance of probabilities. In the CBC News presentation Canada's Hate Law: The Keegstra Case (1991), Keegstra himself displayed the material in which his views were obtained, admitting that none of it came from mainstream historical sources.
Keegstra's appeal ultimately reached the Supreme Court of Canada
, in the case of R. v. Keegstra
. In December 1990, the Court upheld Keegstra's conviction, ruling that the law's prohibition of hate propaganda and suppression of Keegstra's freedom of expression was constitutional. The majority of Justices looked at hate speech as not being a victimless crime, but instead having the potential for psychological harm, degradation, humiliation, and a risk of violence.
and was a candidate for the party in Red Deer
in the 1972
, 1974
and 1984 federal election
s coming in last place in each attempt. In 1986, he ran unsuccessfully for the party's leadership
with the support of white supremacist Don Andrews
and Holocaust denier
Ernst Zundel
. He lost 67 votes to 38 to Harvey Lainson
, an evangelical minister from Ontario. Keegstra served as the party's acting leader in July 1987, after the party's national executive ousted Lainson over his call to rename the party "Christian Freedom". Lainson refused to relinquish the leadership and Keegstra was expelled from the Social Credit Party and its successor the Christian Freedom Social Credit Party in September.
Eckville, Alberta
Eckville is a town in central Alberta, Canada. It is located west of Red Deer on Highway 766 just north of Highway 11.- History :Eckville gets its name from the founder Arthur E.T. Eckford, the landowner of the original Eckville. Eckville relocated to its current location in 1912, after the...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, who was charged and convicted of hate speech
Hate speech
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
in 1984. The conviction was overturned by the Court of Appeal but re-instated by the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. The decision received substantial international attention and became a landmark Canadian legal case.
Background
Keegstra was an auto mechanic, a former mayor, and a high schoolHigh school
High school is a term used in parts of the English speaking world to describe institutions which provide all or part of secondary education. The term is often incorporated into the name of such institutions....
teacher in the town of Eckville, Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
. In 1984, Keegstra was stripped of his teaching certificate and charged under the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
with "wilfully promoting hatred against an identifiable group" by teaching his social studies
Social studies
Social studies is the "integrated study of the social sciences and humanities to promote civic competence," as defined by the American National Council for the Social Studies...
students that the Holocaust
The Holocaust
The Holocaust , also known as the Shoah , was the genocide of approximately six million European Jews and millions of others during World War II, a programme of systematic state-sponsored murder by Nazi...
was a fraud and attributing various evil qualities to Jews. He thus described Jews to his pupils as "treacherous", "subversive", "sadistic", "money-loving", "power hungry" and "child killers". He taught his classes that the Jewish people seek to destroy Christianity and are responsible for depressions, anarchy, chaos, wars and revolution. According to Keegstra, the Jews "created the Holocaust to gain sympathy" and, in contrast to the open and honest Christians, were said to be deceptive, secretive and inherently evil. Keegstra expected his students to reproduce his teachings in class and on exams. If they failed to do so, their marks suffered.
Keegstra attempted to have this charge squashed as a violation of his freedom of expression; this motion was denied, and he was convicted at trial. Many of his former students testified against him. Publicly stating that Keegstra had brought their town into disrepute, locals were unable to impeach Keegstra as mayor and instead overwhelmingly voted him out of office at the next election.
In appeal
Keegstra appealed this conviction, claiming that it was in violation of Section 2(b) of the Canadian Charter of Rights and FreedomsCanadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. This section guarantees "freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication." Keegstra also challenged his conviction on the grounds that Section 319(3)(a) of the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
, which states that a person cannot be convicted of promoting hatred if she or he establishes that the statement is true, but only where the accused proves the truth of the communicated statements on a balance of probabilities, was a violation of Section 11(d) of the Charter. That section guarantees "the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal." Keegstra was not able to demonstrate the truth of the many antisemitic statements he made to his students, on a balance of probabilities. In the CBC News presentation Canada's Hate Law: The Keegstra Case (1991), Keegstra himself displayed the material in which his views were obtained, admitting that none of it came from mainstream historical sources.
Keegstra's appeal ultimately reached the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
, in the case of R. v. Keegstra
R. v. Keegstra
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 of Canada provision prohibiting the wilful promotion of hatred against an identifiable group as constitutional under the freedom of expression...
. In December 1990, the Court upheld Keegstra's conviction, ruling that the law's prohibition of hate propaganda and suppression of Keegstra's freedom of expression was constitutional. The majority of Justices looked at hate speech as not being a victimless crime, but instead having the potential for psychological harm, degradation, humiliation, and a risk of violence.
Sentencing
At his original trial, Keegstra was given a fine of $5000. A subsequent decision by the Alberta Court of Appeal reduced that to a one-year suspended sentence, one year of probation, and 200 hours of community service work. While the Supreme Court upheld the original conviction and the constitutionality of the law, they did not restore the original sentence.Social Credit
Keegstra was a long-time activist in the Social Credit Party of CanadaSocial Credit Party of Canada
The Social Credit Party of Canada was a conservative-populist political party in Canada that promoted social credit theories of monetary reform...
and was a candidate for the party in Red Deer
Red Deer (electoral district)
Red Deer is a federal electoral district in Alberta, Canada, that has been represented in the Canadian House of Commons since 1908.-History:This riding was created in 1907 from Calgary and Strathcona ridings. At the time this was an overwhelmingly rural riding with only the then small town of Red...
in the 1972
Canadian federal election, 1972
The Canadian federal election of 1972 was held on October 30, 1972 to elect members of the Canadian House of Commons of the 29th Parliament of Canada. It resulted in a slim victory for the governing Liberal Party, which won 109 seats, compared to 107 seats for the opposition Progressive...
, 1974
Canadian federal election, 1974
The Canadian federal election of 1974 was held on July 8, 1974 to elect members of the Canadian House of Commons of the 30th Parliament of Canada. The governing Liberal Party won its first majority government since 1968, and gave Prime Minister Pierre Trudeau his third term...
and 1984 federal election
Canadian federal election, 1984
The Canadian federal election of 1984 was held on September 4 of that year to elect members of the Canadian House of Commons of the 33rd Parliament of Canada...
s coming in last place in each attempt. In 1986, he ran unsuccessfully for the party's leadership
Social Credit Party of Canada leadership conventions
The Canadian social credit movement first contested the 1935 federal election in order to capitalize from the Alberta Social Credit League's surprise victory in Alberta's August 1935 provincial election...
with the support of white supremacist Don Andrews
Don Andrews
Donald Clarke Andrews is a Canadian white supremacist. He is also the leader of the neo-Nazi Nationalist Party of Canada and a perennial candidate for mayor of Toronto, Ontario, Canada.-Early years:...
and Holocaust denier
Holocaust denial
Holocaust denial is the act of denying the genocide of Jews in World War II, usually referred to as the Holocaust. The key claims of Holocaust denial are: the German Nazi government had no official policy or intention of exterminating Jews, Nazi authorities did not use extermination camps and gas...
Ernst Zundel
Ernst Zündel
Ernst Christof Friedrich Zündel is a German Holocaust denier and pamphleteer who was jailed several times in Canada for publishing literature which "is likely to incite hatred against an identifiable group" and for being a threat to national security, in the United States for overstaying his visa,...
. He lost 67 votes to 38 to Harvey Lainson
Harvey Lainson
Harvey George Lainson was a Christian evangelical minister based in the Cambridge, Ontario region and was leader of the Social Credit Party of Canada from 1986 to 1990 during which time he led a successful effort to expel an anti-Semitic faction from the party led by Jim Keegstra.Lainson was a...
, an evangelical minister from Ontario. Keegstra served as the party's acting leader in July 1987, after the party's national executive ousted Lainson over his call to rename the party "Christian Freedom". Lainson refused to relinquish the leadership and Keegstra was expelled from the Social Credit Party and its successor the Christian Freedom Social Credit Party in September.