''R v Krymowski'' is a decision by the

Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...

, interpreting the ''Criminal Code'' offence of wilful promotion of hatred. On a Crown appeal, the Court unanimously held that the offence could apply to individuals protesting the presence in Canada of

Roma people {{Infobox ethnic group , group = Romani people , image = , image_caption = , flag = Roma flag.svg , flag_caption = Romani flag created in 1933 and accepted at the 1971 World Romani Congress , ...

(also known as "

Gypsies {{Infobox ethnic group , group = Romani people , image = , image_caption = , flag = Roma flag.svg , flag_caption = Romani flag created in 1933 and accepted at the 1971 World Romani Congress , ...

"). The Court held that the trial judge had taken too strict an approach in distinguishing the term "Gypsies", used by the protestors, from the Crown's charge, which used the term "Roma". The Court set aside the acquittals of the seven accused and remitted the matter for a new trial.

Background

In the summer of 1997, a group of

were admitted into Canada, seeking refugee status. While their refugee claim was being reviewed, the group was lodged in a motel in

Scarborough, Ontario Scarborough (; 2021 Canadian census, 2021 Census 629,941) is a district of Toronto, Ontario, Canada. It is situated in the eastern part of the City of Toronto. Its borders are Victoria Park Avenue to the west, Steeles Avenue (Toronto), Steele ...

. On August 26, 1997, a group of around twenty-five people staged a protest in front of the motel. Protesters held signs that said, for example, "Honk if you hate Gypsies", "Canada is not a Trash Can", and "G.S.T. — Gypsies Suck Taxes". They also chanted statements such as "Gypsies Out", "How do you like Canada now?" and "White power". Some of the protestors gave the Nazi "

Sieg Heil The Nazi salute, also known as the Hitler salute, or the ''Sieg Heil'' salute, is a gesture that was used as a greeting in Nazi Germany. The salute is performed by extending the right arm from the shoulder into the air with a straightened han ...

" salute, some waved

Nazi Nazism (), formally named National Socialism (NS; , ), is the far-right politics, far-right Totalitarianism, totalitarian socio-political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in Germany. During H ...

and American Confederate flags, and some wore clothing, accessories and footwear which were described as typical "

Skinhead A skinhead or skin is a member of a subculture that originated among working-class youth in London, England, in the 1960s. It soon spread to other parts of the United Kingdom, with a second working-class skinhead movement emerging worldwide i ...

" gear.

Charges and trial

Four months later, after intense public lobbying by pressure groups, the homes of a number of people believed to have been involved in the demonstration were raided by police. Seven people were charged with wilful promotion of hatred against an "identifiable group", a crime under s. 319 of the ''

Criminal Code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

''. All persons charged ranged in age from 15 to 20. No public official or members of the media or police were charged.

Lower court appeals

Both the Superior Court of Ontario and later the

Court of Appeal for Ontario The Court of Appeal for Ontario (frequently mistakenly referred to as the Ontario Court of Appeal) (ONCA is the abbreviation for its neutral citation) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Ha ...

upheld the acquittals. The Court of Appeal found that "the term gypsy in its broadest sense is often used to refer to people who lead a nomadic life" and "conjures up unflattering or stereotypical images". At the Court of Appeal, the Crown conceded that "not all people who are referred to as gypsies are in fact Roma".

Appeal to the Supreme Court

The court overturned the dismissal and held, "The appeal should be allowed. The acquittals are set aside and new trials ordered." The defence filed a motion for a re-hearing of the appeal. The motion was dismissed, without reasons.

Reasons of the Supreme Court

The decision of the Court was written by Justice

Louise Charron Louise Charron, (born March 2, 1951) is a Canadian jurist. She was appointed to the Supreme Court of Canada in October, 2004, and is the first native-born Franco-Ontarian Supreme Court judge. (This distinction has sometimes been attributed to Lo ...

. She first observed that in ''

R v Keegstra ''R v Keegstra'', 9903 SCR 697 is a freedom of expression decision of the Supreme Court of Canada where the court upheld the ''Criminal Code'' provision prohibiting the wilful promotion of hatred against an identifiable group as constitutional u ...

'', the Supreme Court had already held that the hate speech law was constitutional. Charron faulted the trial finding as too focussed on the terms "Roma" and "Gypsies," and not on the general question of whether the protesters were attempting to promote hatred of the Roma. Charron emphasized the importance of studying the "totality of the evidence" and drawing reasonable conclusions to determine whether a group was subject to hate speech.''R v Krymowski'', SCC, para. 19.

References