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Constitutional law lecture March 13th.docx

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Philosophy 2080
Jeannie Gillmore

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Constitutional law lecture March 13h  American law comes from the first amendment  United states: freedom of expression covers private activity as well as government action  Canada: charter litigation—winning the authority or the actions of government entity and government agencies  Disputes between private parties = does not have anything to do with freedom of expression  But in United States, it covers privately as well  Glenn Beck: American conservative: right wing view o 2005 “I think I can kill Michael Moore”—gave people ideas to kill/shoot Michael Moore o He hired people to follow him around so people can’t kill him o What can Michael Moore do? —You can probably sue him o Controversial—did he really cause those people to attempt to kill him? o Freedom of speech in America is much more of a robust concept  Incitement to violence  In America, church and state is two different thing  Freedom of speech cases: section 2 of charter of rights and freedom  R v. Keegstra o A lot of people still do not agree with the implications of this case o Human rights case in Saskatchewan: small population o High school teacher from Alberta who promoted anti Semitism o Defended on the grounds of “freedom of speech” o Charged under the offence criminal code of Canada “willfully promoting hatred under an identifiable group” o Residual effect in the community—did not fully eradicate o Before the trial he brought in an application to bring down the case on the grounds of:  Section 319 (3) of Criminal Code of Canada: if you can prove what you said is true, you cannot be charged  Section (11) of Charter: right to be presumed innocent  Application of the oaks test  Inhibiting freedom of expression and forcing him to prove o Court of Alberta did not allow the application o Insufficient notice: section 319 o He appealed the decision to Alberta court of Appeal and won o Found that 319 and section 11 o Crown appealed the decision o Application of the oaks test  Majority opinion: split court  Controversial  Complicated issue  Does the activity fall betwee
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