Evil in Clear River (1988)

Wissenswertes

R v Keegstra, 3 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 antisemitic teachings had resulted in complaints in the late-1970s but little action was taken by the school board.

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." 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…

Keegstra held antisemitic views and believed in a Jewish conspiracy bent on world domination and annihilating Christianity. He asserted that the current historical information being taught in universities and schools is a trap set by the Jews to mislead the public. He claimed that the education system has failed because of their awareness regarding Jewish conspiracy with the Holocaust.

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