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R V Andrews
''R v Andrews'', 9903 S.C.R. 870 is a 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. 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 sec ...
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Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ...
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Criminal Code (Canada)
The ''Criminal Code'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ), and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the ''Constitution Act, 1867'' establishes the sole jurisdiction of the Parliament of Canada over criminal law. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the ''Firearms Act'', the ''Controlled Drugs and Substances Act'', the ''Canada Evidence Act'', the ''Food and Drugs Act'', the ''Youth Criminal Justice Act'' and the ''Contraventions Act''. One of the conveniences of the ''Criminal Code'' was that it constituted the principle that no person would be able to be convic ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Section Two Of The Canadian Charter Of Rights And Freedoms
Section 2 of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") is the section of the Constitution of Canada 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 corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association. Section 1 of the ''Charter'' permits Parliament or the provincial legislatures to enact laws that place certain kinds of limited restrictions on the freedoms listed under section 2. Additionally, these freedoms can be temporarily invalidated by section 33, the "notwithstanding clause", of the ''Charter''. As a part of the ''Charter'' and of the larger ''Constitution Act, 1982'', section 2 took legal e ...
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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ...
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R V Keegstra
''R v Keegstra'', 9903 SCR 697 is a freedom of expression decision of the Supreme Court of Canada where the court upheld the ''Criminal Code'' provision prohibiting the wilful promotion of hatred against an identifiable group as constitutional under the freedom of expression provision in section 2(b) of the ''Canadian Charter of Rights and Freedoms''. It is a companion case to '' R v Andrews''. Background James Keegstra was a public school teacher in Eckville, Alberta. In 1984, he was charged under section 281.2(2) of the ''Criminal Code'' that he "..did unlawfully promote hatred against an identifiable group, to wit: the Jewish people, by communicating statements while teaching to students at Eckville High School."''R. v. Keegstra'', 1988 ABCA 234 (CanLII). The ''Criminal Code'' provision, now section 319(2), makes it a criminal offence to promote hatred: "Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any ident ...
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Don Andrews
Donald Clarke Andrews (born April 20, 1942 as Vilim Zlomislić) is a Canadian white supremacist. He is also the leader of the unregistered neo-Nazi Nationalist Party of Canada and a perennial candidate for mayor of Toronto, Ontario. Early years Zlomislić was born to Croat parents in the region of Vojvodina during World War II. His father was killed by the Nazis while fighting with the Yugoslav Partisans against the German occupation of Yugoslavia in late 1944. His mother, Rose, was shipped to Germany in 1943 to work as a slave labourer for the Nazis and Vilim was placed in an orphanage. In 1945, Rose was told that her son had been killed in an air raid. After the war, she met and married Frederick Andrews, a Canadian working for a United Nations agency in a German displaced persons' camp. The couple moved to Toronto."PORTRAIT OF A RACIST" by Arthur Johnson, ''Globe and Mail'', October 1, 1979 Vilim remained at the orphanage and was a member of the Communist Young Pioneers i ...
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White Supremacist
White supremacy or white supremacism is the belief that white people are superior to those of other Race (human classification), races and thus should dominate them. The belief favors the maintenance and defense of any Power (social and political), power and White privilege, privilege held by white people. White supremacy has roots in the Pseudoscience, now-discredited doctrine of scientific racism and was a key justification for European colonialism. As a Ideology, political ideology, it imposes and maintains cultural, Color line (racism), social, Racial segregation, political, Pseudohistory, historical, and/or institutional racism, institutional domination by white people and non-white supporters. In the past, this ideology had been put into effect through socioeconomic and legal structures such as the Atlantic slave trade, Jim Crow laws in the United States, the White Australia policy, White Australia policies from the 1890s to the mid-1970s, and apartheid in South Africa. ...
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Nationalist Party Of Canada
The Nationalist Party of Canada is an unregistered far-right political party in Canada that was founded in 1977 by white supremacist Don Andrews. The party describes itself as white nationalist, and is known for its antisemitic and racist publications. History The Nationalist Party was founded by Andrews after he was legally barred by his bail conditions from associating with the Western Guard, another white supremacist organization. The party was briefly known as the National Citizens Alliance. From 1977 to 1985, the party published ''The Nationalist Report'', which ceased publication when Andrews and Party Secretary Robert Smith were charged and convicted under the Criminal Code for promoting hatred. Crown attorney Michel Anne MacDonald described the journal as containing anti-black, anti-Jewish and anti-Asian articles, and the presiding judge described the "degree of hatred" in their journal as "obscene". He added that Andrews was the "directing mind of the publication" an ...
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Peter Cory
Peter deCarteret Cory, (October 25, 1925 – April 7, 2020) was a puisne judge of the Supreme Court of Canada, from 1989 to 1999. Early life and education Born in Windsor, Ontario, the son of Andrew and Mildred (Beresford Howe) Cory, he was educated at the University of Western Ontario (Assumption) receiving his BA in 1947 and at Osgoode Hall Law School receiving his law degree in 1950. He was called to the Ontario Bar in 1950. Career As a pilot in the Royal Canadian Air Force, he served overseas with 6th Bomber Group during World War II, flying many combat missions. He was appointed to the Queen's Counsel in 1963. He practised law with Holden, Murdoch and was elected a Bencher of the Law Society of Upper Canada in 1971. Cory was appointed to the Supreme Court of Ontario in 1974, the Court of Appeal for Ontario in 1981 and the Supreme Court of Canada on February 1, 1989. He retired from the Supreme Court on June 1, 1999. Post-Court He served as the 11th Chancellor of York Univ ...
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List Of Supreme Court Of Canada Cases (Dickson Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from Brian Dickson's appointment as Chief Justice on April 18, 1984, to his retirement on June 30, 1990. 1984 19851989 1990 See also * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (1984-1990) ...
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Canadian Freedom Of Expression Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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