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''R v Andrews'', () 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. ==Background== Donald Andrews was the leader of a white supremacist political group known as the "Nationalist Party of Canada" and Robert Smith was the party secretary. Together they were in charge of the party's bi-monthly magazine called the National Reporter which made claims against the Jewish and black peoples. Both Andrews and Smith were charged with "unlawfully communicating statements, other than in private conversation, which willfully promoted hatred against an identifiable group" contrary to s. 319(2) of the Criminal Code. At trial they were found guilty for promoting hatred. On appeal to the Court of Appeal for Ontario Justice Cory found that section 319(2) violated section 2(b) of the ''Charter'' but could be justified under section 1. The question before the Supreme Court was # whether s. 319(2) of the ''Criminal Code'' violated section 2(b) of the ''Charter'', and if so, whether the violation was justifiable under section 1. # whether s. 319(3)(a) of the ''Criminal Code'' violated section 11(d) of the ''Charter'', and if so, whether the violation was justifiable under section 1. The court held that section 319(2) and 319(3)(a) violated the ''Charter'' but were saved under section 1. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「R v Andrews」の詳細全文を読む スポンサード リンク
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