R v Andrews
| R v Andrews | |
|---|---|
| Hearing: December 4 and 5, 1989 Judgment: December 13, 1990 | |
| Full case name | Donald Clarke Andrews and Robert Wayne Smith v. Her Majesty the Queen |
| Citations | [1990] 3 S.C.R. 870 |
| Docket No. | 21034 |
| Prior history | Judgment for the Crown in the Court of Appeal for Ontario. |
| Ruling | Appeal dismissed |
| Holding | |
| Applying R. v. Keegstra, the Criminal Code prohibitions on publicly inciting or promoting hatred against an identifiable group is constitutional. | |
| Court membership | |
| Chief Justice: Brian Dickson Puisne Justices: Antonio Lamer, Bertha Wilson, Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin | |
| Reasons given | |
| Majority | Dickson C.J., joined by Wilson, L'Heureux-Dubé and Gonthier JJ. |
| Dissent | McLachlin J., joined by Sopinka J. |
| Dissent | La Forest J. |
| Lamer and Cory JJ. took no part in the consideration or decision of the case. | |
R v Andrews, [1990] 3 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.