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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 (1934–2014) was a public high school teacher in Eckville, Alberta, who began in the position in 1968. He also took on many community roles as a deacon and Sunday school teacher, and in 1974 was acclaimed as mayor of the community, a position he held until 1983. Keegstra's anti-semitic teachings had resulted in complaints in the late-1970s but little action was taken by the school board. Keegstra was warned by the board superintendent in December 1981 to stop "teaching these biased and prejudiced views" and stick to teaching the grade 12 social studies curricu ...
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Irwin Toy Ltd V Quebec (AG)
''Irwin Toy Ltd v Quebec (AG)'', 9891 S.C.R. 927 is a landmark Supreme Court of Canada decision on freedom of expression in section 2(b) of the Canadian Charter of Rights and Freedoms. The court held that in order to determine if a breach of section 2(b) had occurred one first had to determine whether the conduct constituted non violent activity which attempted to convey meaning. This changed the law of the constitution of Quebec. The next step was to consider whether the effect or purpose of the legislation was to restrict freedom of expression. Applying the analysis, the Court held that a Quebec law that restricted advertising directed to children was valid law which violated section 2(b) but could be justified under section 1. Background The province of Quebec passed legislation that prohibited "commercial advertising directed at persons under thirteen years of age." The law was challenged on the basis that it violated the freedom of expression under section 2(b) of the ''Char ...
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Jewish Conspiracy
The international Jewish conspiracy or the world Jewish conspiracy is an antisemitic trope that has been described as "one of the most widespread and long-running conspiracy theories". Although it typically claims that a malevolent, usually global Jewish circle, referred to as International Jewry, conspires for world domination, the theory's content is extremely variable, facilitating its wide distribution and long-standing persistence. It was popularized especially in the late nineteenth and early twentieth century by the antisemitic fabricated text ''The Protocols of the Elders of Zion''. Among the beliefs that posit an international Jewish conspiracy are Jewish Bolshevism, Cultural Marxism, Judeo-Masonic conspiracy theory, White genocide conspiracy theory and Holocaust denial. The Nazi leadership's belief in an international Jewish conspiracy that it blamed for starting World War II and controlling the Allied powers was key to their decision to launch the Final Solution, w ...
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Alberta Teachers' Association
The Alberta Teachers' Association (ATA) is the professional association for the teachers of Alberta Alberta is a Provinces and territories of Canada, province in Canada. It is a part of Western Canada and is one of the three Canadian Prairies, prairie provinces. Alberta is bordered by British Columbia to its west, Saskatchewan to its east, t ..., Canada. It represents all teachers and teacher administrators in all schools in Alberta's public, separate and francophone school divisions. It also represents teachers in some charter and private schools. There are currently 43,500 members of the ATA. It is affiliated with other teacher organizations in Canada through the Canadian Teachers' Federation. The Alberta Teachers' Association, as the professional organization of teachers, promotes and advances public education, safeguards standards of professional practice and serves as the advocate for its members. History The Alberta Teachers' Alliance was established during the First ...
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R V Krymowski
''R v Krymowski'' is a decision by the Supreme Court of Canada, interpreting the ''Criminal Code'' offence of wilful promotion of hatred. On a Crown appeal, the Court unanimously held that the offence could apply to individuals protesting the presence in Canada of Roma people (also known as "Gypsies"). The Court held that the trial judge had taken too strict an approach in distinguishing the term "Gypsies", used by the protestors, from the Crown's charge, which used the term "Roma". The Court set aside the acquittals of the seven accused and remitted the matter for a new trial. Background In the summer of 1997, a group of Roma people were admitted into Canada, seeking refugee status. While their refugee claim was being reviewed, the group was lodged in a motel in Scarborough, Ontario. On August 26, 1997, a group of around twenty-five people staged a protest in front of the motel. Protesters held signs that said, for example, "Honk if you hate Gypsies", "Canada is not a Tra ...
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R V Butler
''R v Butler'', 9921 S.C.R. 452 is a leading Supreme Court of Canada decision on pornography and state censorship. In this case, the Court had to balance the right to freedom of expression under section 2 of the Canadian Charter of Rights and Freedoms with women's rights. The outcome has been described as a victory for anti-pornography feminism and the Women's Legal Education and Action Fund, but a loss for alternative sexualities. Background The case involved one Donald Victor Butler, who owned a store called Avenue Video Boutique on Main Street in Winnipeg. The business began in August 1987 and handled pornographic videos, magazines, and sexual objects. On August 21, the police arrived with a search warrant and confiscated the goods, and then charged Butler with possession and distribution of obscenity, crimes under section 163 (then section 159) of the Criminal Code. On October 19 of that year, Butler simply restarted the business at the same location as it had been before, ...
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Hate Speech
Hate speech is a term with varied meaning and has no single, consistent definition. It is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". The ''Encyclopedia of the American Constitution'' states that hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, color, national origin, sex, disability, religion, or sexual orientation". There is no single definition of what constitutes "hate" or "disparagement". Legal definitions of hate speech vary from country to country. There has been much debate over freedom of speech, hate speech, and hate speech legislation. The laws of some countries describe hate speech as speech, gestures, conduct, writing, or displays that incite violence or prejudicial actions against a group o ...
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The Globe And Mail
''The Globe and Mail'' is a Newspapers in Canada, Canadian newspaper printed in five cities in Western Canada, western and central Canada. With a weekly readership of more than 6 million in 2024, it is Canada's most widely read newspaper on weekdays and Saturdays, although it falls slightly behind the ''Toronto Star'' in overall weekly circulation because the ''Star'' publishes a Sunday edition, whereas the ''Globe'' does not. ''The Globe and Mail'' is regarded by some as Canada's "newspaper of record". ''The Globe and Mail''s predecessors, ''The Globe (Toronto newspaper), The Globe'' and ''The Daily Mail and Empire'' were both established in the 19th century. The former was established in 1844, while the latter was established in 1895 through a merger of ''The Toronto Mail'' and ''The Empire (Toronto), The Empire''. In 1936, ''The Globe'' and ''The Mail and Empire'' merged to form ''The Globe and Mail''. The newspaper was acquired by FP Publications in 1965, who later sold the p ...
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Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. Early life and family McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were " fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the '' Alberta Law Review'') from the University of Alberta. McLachlin has one son, Angus (born 1976), from her first marriage to Roderick McLachlin, who took care of much of Angus's upbringing. Roderick McLachlin died of cancer in 1988, a few days after she was appointed chief justice of the B.C. Supreme Court. In 1992, McLachlin ...
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Section Twenty-seven Of The Canadian Charter Of Rights And Freedoms
Section 27 of the Canadian Charter of Rights and Freedoms is a section of the Charter that, as part of a range of provisions within the Section Twenty-five of the Canadian Charter of Rights and Freedoms, section 25 to Section Thirty-one of the Canadian Charter of Rights and Freedoms, section 31 bloc, helps determine how rights in other sections of the Charter should be interpreted and applied by the courts. Section 27 officially recognized multiculturalism as a Canada, Canadian value. Text Section 27 provides: Background and drafting In Canada, multicultural policy had been adopted in 1971 following the Royal Commission on Bilingualism and Biculturalism, a government body set up in response to the grievances of Canada's French-speaking minority (concentrated in the province of Quebec). The report of the Commission advocated that the Canadian government should recognize Canada as a bilingual and bicultural society and adopt policies to preserve this character. Bicultural was opp ...
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Section Fifteen Of The Canadian Charter Of Rights And Freedoms
Section 15 of the ''Canadian Charter of Rights and Freedoms'' contains guaranteed equality rights. As part of the Constitution of Canada, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs (e.g. employment equity). Rights under section 15 include racial equality, sexual equality, mental disability, and physical disability. In its jurisprudence, it has also been a source of LGBT rights in Canada. These rights are guaranteed to "every individual", that is, every natural person. This wording excludes "legal persons" such as corporations, contrasting other sections that use the word "everyone", where "legal persons" were meant to be included. Section 15 has been in force since 1985. Text Under the heading of "Equality Rights" this section states: Background The '' Canadian Bill of Rights'' of 1960 had guaranteed the "right of the individual to equality before the law and the protection o ...
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Brian Dickson
Robert George Brian Dickson (May 25, 1916 – October 17, 1998) was a Canadian lawyer, military officer and judge who served as the 15th chief justice of Canada from 1984 to 1990 and as a puisne justice of the Supreme Court of Canada from 1973 to 1984. He retired on June 30, 1990. Dickson's tenure as chief justice coincided with the first wave of cases under the new ''Canadian Charter of Rights and Freedoms'' which, established in 1982, reached the Supreme Court from 1984 onwards. Dickson wrote several very influential judgments dealing with the ''Charter'' and laid the groundwork for the approach that the courts would take to the ''Charter''. Early life and family Dickson was born to Thomas Dickson and Sarah Elizabeth Gibson, in Yorkton, Saskatchewan, in 1916, although the family lived at that time in Wynyard.M.A. MacPherson, "About Brian, Bill and Me: Regina Collegiate", in DeLloyd J. Guth (ed.), ''Brian Dickson at the Supreme Court of Canada 1973-1990'' (Winnipeg: Canadian ...
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Section One Of The Canadian Charter Of Rights And Freedoms
Section 1 of the ''Canadian Charter of Rights and Freedoms'' is the section that confirms that the rights listed in the Charter are ''guaranteed''. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's ''Charter'' rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography (e.g., in '' R v Sharpe''), hate speech (e.g., in '' R v Keegstra''), and obscenity (e.g., in '' R v Butler''). When the government has limited an individual's right, there is an onus upon the Crown to show, on the balance of probabilities, firstly, that the limitation was ''prescribed by law'' namely, that the law is attuned to the values of ''accessibility'' and ''intelligibility''; and secondly, that it is ''justified in a free and democratic society'', which means that it must have a justifiable purpose and must be proportional. Text U ...
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