The Charter of Rights and Freedoms: Reasonable Limits Section 1 Guarantee and Reasonable Limits

James Keegstra, high school teacher, Eckville Alberta from the early 1970s until 1982 - History teacher - Evidence that he taught that the Holocaust “had never happened”, it was a “fabrication on the part of a Jewish conspiracy to rule the world” - Evidence that he taught that Jews were “power hungry”, “subversive”, “money loving” and “baby killers” - Students received unsuccessful results if they did not echo the teaching of Keegstra - Fired in 1982, charged in 1984 with section 319 of the Criminal Code

Review Section 319 of the Criminal Code

Which rights/freedoms would Keegstra have been defending in regards to this charge?

Apply the following: Does anything written in section 319 violate section 2b of the Charter? If affirmative, can it be a justifiable limit under section 1?

Apply the Oakes Test