R v Andrews | |
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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 [1] |
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.