CASE: R. v. Keegstra, [1990] 3 S.C.R. 697

LOCATION:

CANLII

CASE RELATES TO:

Charter: Section 11 – presumption of innocence

Criminal Code: Section 319(2) – Promotion of hatred

FACTS OF THE CASE:

Defendant was convicted with promoting hatred under section 319(2) of the Criminal Code of Canada. He claimed the holocaust, in which 6-7 million Jews were murdered, never occurred. He appealed his conviction on the basis that the reverse onus clause in section 319(2) of the Criminal Code was unconstitutional, because it forced him to show his statements were true (which would acquit him). The government took the case all the way to Supreme Court of Canada.

HELD:

The court ruled that the government’s appeal should be allowed and the conviction shall stand. Sections 319(2) and 319(3)(a) of the Code are constitutional.

REASONING AND LEGAL SIGNIFICANCE:

The Court ruled that the law DID infringe s.11, however, it is allowed under s.1

“Harm is created whenever statements are made with the intention of promoting hatred, whether or not they contain an element of truth. If the defence of truth is too easily used, Parliament's objective under s.319(2) will suffer… It is therefore [necessary] that…truthfulness must be proved by the accused…”