Keegstra Case Study Questions

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Keegstra Case Study Questions

1. Where did the trial begin? To which courts was it appealed? 

2. What section of the Criminal Code was challenged in this case? What offence is that section related to? 

3. What section of the Charter was used to challenge the section of the Criminal Code involved in this case? What right does that section protect?

4. What do you think of the fact that a law that violates an individual’s Charter right can be justified under section 1? Explain. 

5. What is the chilling effect? Do you agree with the opinion of the dissent that s. 319(2) could have a chilling effect on free speech? 

6. Between the majority and the dissenting opinion in this case, which did you find most convincing? Why?

7. Do you think that criminalising hate speech suppresses (prevents) it? 

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