R. v. Andrews
Encyclopedia
R. v. Andrews, [1990] 3 S.C.R. 870 is a leading decision of the Supreme Court of Canada
on the freedom of expression under section 2(b)
of the Canadian Charter of Rights and Freedoms
. It is a companion case to R. v. Keegstra
. The Court upheld the criminal provision that prohibits communicating statements that wilfully promote hatred.
At trial they were found guilty for promoting hatred. On appeal to the Court of Appeal for Ontario Justice Cory found that section 319(2) violated section 2(b) of the Charter but could be justified under section 1.
The question before the Supreme Court was
The court held that section 319(2) and 319(3)(a) violated the Charter but were saved under section 1.
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...
on the freedom of expression under section 2(b)
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the Canadian Charter of Rights and Freedoms
Canadian 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...
. It is a companion case to 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...
. The Court upheld the criminal provision that prohibits communicating statements that wilfully promote hatred.
Background
Donald Andrews was the leader of a white supremacist political group known as the "Nationalist Party of Canada" and Robert Smith was the party secretary. Together they were in charge of the party's bi-monthly magazine called the National Reporter which made claims against the Jewish and black peoples. Both Andrews and Smith were charged with "unlawfully communicating statements, other than in private conversation, which willfully promoted hatred against an identifiable group" contrary to s. 319(2) of the Criminal Code.At trial they were found guilty for promoting hatred. On appeal to the Court of Appeal for Ontario Justice Cory found that section 319(2) violated section 2(b) of the Charter but could be justified under section 1.
The question before the Supreme Court was
- whether s. 319(2) of the Criminal Code violated section 2(b) of the Charter, and if so, whether the violation was justifiable under section 1.
- whether s. 319(3)(a) of the Criminal Code violated section 11(d) of the Charter, and if so, whether the violation was justifiable under section 1.
The court held that section 319(2) and 319(3)(a) violated the Charter but were saved under section 1.