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21118

Her Majesty the Queen v. James Keegstra

(Alberta) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1994-07-06 Close file for archive
1991-01-18 Formal judgment sent to the registrar of the court of appeal and all parties, (Edmonton,AB)
1991-01-18 Copy of formal judgment being prepared, Davis, Ward & Beck (Toronto,ON)
1991-01-18 Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa,ON)
1991-01-18 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-01-18 Copy of formal judgment being prepared, Cooper, Sandler & West (Toronto,ON)
1991-01-18 Copy of formal judgment being prepared, D.M. Low C/O Dept. of Justice (Ottawa,ON)
1991-01-18 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1991-01-18 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1991-01-18 Copy of formal judgment being prepared, Ogilvy, Renault (Ottawa,ON)
1991-01-18 Copy of formal judgment being prepared, Nelligan, Power (Ottawa,ON)
1991-01-04 Record returned to the Registrar of the Court of Appeal, (Edmonton,AB)
1990-12-14 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa,ON)
1990-12-14 Notice of deposit of judgment sent to all parties, Ogilvy, Renault (Ottawa,ON)
1990-12-14 Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC)
1990-12-14 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON)
1990-12-14 Notice of deposit of judgment sent to all parties, D.M. Low, C/O Dept. of Justice (Ottawa,ON)
1990-12-14 Notice of deposit of judgment sent to all parties, Cooper, Sandler & West
1990-12-14 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-12-14 Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa,ON)
1990-12-14 Notice of deposit of judgment sent to all parties, Davis, Ward & Beck (Toronto,ON)
1990-12-13 Judgment on the appeal rendered, CJ W LaF L'HD So G McL, The appeal is allowed, La Forest, Sopinka and McLachlin JJ. dissenting.
Allowed, no order as to costs
1990-01-04 General proceeding, transcripts received and distributed to the justices(100 pages)
1989-12-05 Hearing of the appeal, 1989-12-05, (Appeal heard Dec 5th & 6th), CJ W LaF L'HD So G McL
Decision reserved
1989-12-01 Book of authorities, (10 copies) vols. 1 & 2 Canadian Jewish Congress
1989-12-01 Order on motion for leave to intervene
1989-11-30 Book of authorities, (10 copies) vols. 1 to 3 Women's Legal Education and Action Fund
1989-11-30 Intervener's factum, (19 copies) joint with 21034 League for Human Rights of B'nai Brith Canada
1989-11-29 Book of authorities, 10 copies of vols. 1, 2, Attorney General of Canada
1989-11-29 Intervener's factum, 20 copies, Women's Legal Education and Action Fund
1989-11-29 Intervener's factum, 25 copies, *joint with 20462, 21034.*, with service Attorney General of Quebec
1989-11-29 Intervener's factum, 20 copies, also used on 21034., with service Canadian Jewish Congress
1989-11-28 Intervener's factum, 22 copies, with service InterAmicus
1989-11-24 Intervener's factum, 20 copies,, with service Attorney General of Manitoba
1989-11-24 Intervener's factum, 21 copies, Attorney General for Ontario
1989-11-24 Intervener's factum, 20 copies, Attorney General of New Brunswick
1989-11-17 Intervener's factum, 21 copies,, with service Attorney General of Canada
1989-11-17 Intervener's factum, 21 copies,, with service Canadian Civil Liberties Association
1989-11-15 Book of authorities, 10 copies of vols. 1 & 2 Her Majesty the Queen
1989-10-24 Decision on the motion for leave to intervene, & extension of time on behalf of the Women's Legal Education and Action Fund is granted. The factum is limited to 15 pages with liberty to apply to make oral submissions to the panel hearing the appeal., Co
Granted, no order as to costs
1989-10-24 Hearing of motion for leave to intervene, 1989-10-24, & extension of time on behalf of the Women's Legal Education and Action Fund is granted. The factum is limited to 15 pages with liberty to apply to make oral submissions to the panel hearing the appeal., Co
1989-10-24 Submission of motion for leave to intervene, 1989-10-24, & extension of time on behalf of the Women's Legal Education and Action Fund is granted. The factum is limited to 15 pages with liberty to apply to make oral submissions to the panel hearing the appeal., Co
1989-10-13 Appeal court record
1989-10-13 Trial court record
1989-10-13 Respondent's factum, (served copy), with service James Keegstra
1989-10-12 Respondent's factum, 21 copies James Keegstra
1989-10-10 Appeal hearing scheduled, 1989-12-05
Decision reserved
1989-10-05 Response to the motion for leave to intervene Her Majesty the Queen
1989-10-03 General proceeding, proof of service on the notice of intervention,, with service Attorney General of Canada
1989-09-29 Affidavit, to intervene, with service Women's Legal Education and Action Fund
1989-09-29 Motion to extend time, to intervene, with service Women's Legal Education and Action Fund
1989-09-29 Affidavit Women's Legal Education and Action Fund
1989-09-29 Motion for leave to intervene, With service Women's Legal Education and Action Fund
1989-09-26 Notice of hearing Her Majesty the Queen
1989-09-19 General proceeding, served copy of the appellant's factum,, with service Her Majesty the Queen
1989-09-19 Decision on the motion for leave to intervene, on behalf of InterAmicus is granted & limited to a factum not exceed 15 pages. If some point is raised which requires oral submissions counsel is always at liberty to apply during the hearing to be heard., Co
Granted, no order as to costs
1989-09-19 Hearing of motion for leave to intervene, 1989-09-19, on behalf of InterAmicus is granted & limited to a factum not exceed 15 pages. If some point is raised which requires oral submissions counsel is always at liberty to apply during the hearing to be heard., Co
1989-09-19 Submission of motion for leave to intervene, 1989-09-19, on behalf of InterAmicus is granted & limited to a factum not exceed 15 pages. If some point is raised which requires oral submissions counsel is always at liberty to apply during the hearing to be heard., Co
1989-09-18 Appeal perfected for hearing, Session beginning on 1989-10-02
1989-09-15 General proceeding, Respondent's submissions in reply to those of Interamicus (Fax copy) James Keegstra
1989-09-15 Appellant's factum, 20 copies Her Majesty the Queen
1989-09-14 Response to the motion for leave to intervene Her Majesty the Queen
1989-09-14 Service, of the case on appeal ,, with service
1989-09-13 Motion for leave to intervene, With service InterAmicus
1989-09-08 Correspondence (sent by the Court) to, fromm L.E.A.F. Re. "Intervention"
1989-09-07 General proceeding, to note Appeal to be heard December 4, 1989 together with the Appeals "Donald Clarke Andrews et al v. Canadian Human Rights Commission" et al (20462)
1989-09-05 Notice of intervention respecting a constitutional question, With service Attorney General of Quebec
1989-09-05 Notice of intervention respecting a constitutional question, With service Attorney General of Manitoba
1989-09-01 Notice of intervention respecting a constitutional question Attorney General for Ontario
1989-08-31 Case on appeal, 21 copies, Her Majesty the Queen
1989-08-29 Service, of the intervention.(Pamela Burke)
1989-08-29 Decision on the motion for leave to intervene, on behalf of the Canadian Civil Liberties Ass. and the League for Human Rights of B'Nai Brith Canada limited to written submissions which are not to exceed 15 pages., LaF
Granted, no order as to costs
1989-08-29 Hearing of motion for leave to intervene, 1989-08-29, on behalf of the Canadian Civil Liberties Ass. and the League for Human Rights of B'Nai Brith Canada limited to written submissions which are not to exceed 15 pages., LaF
1989-08-29 Submission of motion for leave to intervene, 1989-08-29, on behalf of the Canadian Civil Liberties Ass. and the League for Human Rights of B'Nai Brith Canada limited to written submissions which are not to exceed 15 pages., LaF
1989-08-29 General proceeding, (proof of service for the intervention motion and affidavit of Mr. Borovoy.), with service Canadian Civil Liberties Association
1989-08-28 General proceeding, to note submissions regarding interventions of B'nai Brith and Cdn. Civil Liberties Assoc. James Keegstra
1989-08-28 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1989-08-28 General proceeding, Submission on interventions by B'nai Brith, and Ca nadian Civil Liberties. James Keegstra
1989-08-28 Correspondence (sent by the Court) to, (to Mr. Christie from Mr.Borovoy.)
1989-08-24 Correspondence (sent by the Court) to, re: Attorney General of Canada will not be taking any position either in support of, or against, the motion to intervene of Canadian Civil Liberties in both appeals.
1989-08-23 Affidavit, of Moishe Smith, (original filed Aug 25 1989), with service League for Human Rights of B'nai Brith Canada
1989-08-23 Motion for leave to intervene, (Originals filed Aug. 25 1989 ), with service League for Human Rights of B'nai Brith Canada
1989-08-22 Notice of intervention respecting a constitutional question, With service Attorney General of New Brunswick
1989-08-21 Affidavit, of A. Alan Borovoy (Book) Canadian Civil Liberties Association
1989-08-21 Motion for leave to intervene, 1 copy, with service Canadian Civil Liberties Association
1989-08-15 Service
1989-08-15 Notice of constitutional question(s), 1 copy, with service Her Majesty the Queen
1989-08-03 Order on motion to state a constitutional question
1989-08-01 Decision on the motion to state a constitutional question, (for Constitutional Questions see Registrar's Red Bk #7 @ p.218. Interventions by Sept.5/89), CJ
Granted, no order as to costs
1989-08-01 Hearing of the motion to state a constitutional question, 1989-08-01, (for Constitutional Questions see Registrar's Red Bk #7 @ p.218. Interventions by Sept.5/89), CJ
1989-08-01 Submission of motion to state a constitutional question, 1989-08-01, (for Constitutional Questions see Registrar's Red Bk #7 @ p.218. Interventions by Sept.5/89), CJ
1989-07-26 Response to the motion to state a constitutional question James Keegstra
1989-07-17 Order on motion for leave to intervene
1989-07-14 Motion to state a constitutional question Her Majesty the Queen
1989-07-11 Order granting leave to appeal
1989-07-10 Notice of appeal, With service Her Majesty the Queen
1989-06-28 Decision on the motion for leave to intervene, on behalf of Canadian Jewish Congress. Factum is not to exceed 15 pages & if some point is raised which requires oral submission counsel is always at liberty to apply during the hearing to be heard., G
Granted, no order as to costs
1989-06-28 Hearing of motion for leave to intervene, 1989-06-28, on behalf of Canadian Jewish Congress. Factum is not to exceed 15 pages & if some point is raised which requires oral submission counsel is always at liberty to apply during the hearing to be heard., G
1989-06-28 Submission of motion for leave to intervene, 1989-06-28, on behalf of Canadian Jewish Congress. Factum is not to exceed 15 pages & if some point is raised which requires oral submission counsel is always at liberty to apply during the hearing to be heard., G
1989-06-27 Response to the motion for leave to intervene, (Canadian Jewish Congress) Her Majesty the Queen
1989-06-23 Motion for leave to intervene, 2 copies, with service Canadian Jewish Congress
1989-06-23 Affidavit Canadian Jewish Congress
1989-06-19 Notice of appeal Her Majesty the Queen
1989-06-12 Close file on Leave
1989-06-12 Notice of deposit of judgment issued to all parties, Gowling & Henderson (Ott., Ont.)
1989-06-08 Judgment of the Court on the application for leave to appeal, CJ W So, The application for leave to appeal is granted, the appeal to be heard together with the appeal of Donald Clarke Andrews, and Robert Wayne Smith v. Her Majesty the Queen, # 21034
Granted, no order as to costs
1989-05-30 Correspondence received from, dated May 24/89 fr. Douglas Christie
1989-02-20 Hearing of the application for leave to appeal, 1989-02-20, CJ W So
Decision reserved
1989-02-20 All materials on application for leave submitted to the Judges, 1989-02-20, CJ W So
Decision reserved
1989-02-17 Hearing of the application for leave to appeal scheduled
1989-02-10 Correspondence received from, from Douglas Christie (Re: Satellite hearing)
1989-02-08 Judgment of the Court on the application for leave to appeal, McI W So
Oral hearing ordered, no order as to costs
1989-02-08 Hearing of the application for leave to appeal, 1989-02-08, McI W So
1989-02-08 All materials on application for leave submitted to the Judges, 1989-02-08, McI W So
1989-01-25 All materials on application for leave submitted to the Judges, McI W So
1988-10-13 Respondent's response on the application for leave to appeal, 5 copies James Keegstra
1988-10-04 Service
1988-09-26 Correspondence received from, Letter re new rules sent to D.H. Christie (Vict., BC)
1988-09-23 $30.00 filing fee, issued receipt #19230 Her Majesty the Queen
1988-09-23 Application for leave to appeal, (5 copies), with service, Completed on: 1988-09-23 Her Majesty the Queen

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Her Majesty the Queen Applicant Active

v.

Main parties - Respondents
Name Role Status
Keegstra, James Respondent Active

Other parties

Other parties
Name Role Status
Canadian Jewish Congress Intervener Active
Canadian Civil Liberties Association Intervener Active
Attorney General of New Brunswick Intervener Active
League for Human Rights of B'nai Brith Canada Intervener Active
Attorney General of Canada Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General of Quebec Intervener Active
InterAmicus Intervener Active
Women's Legal Education and Action Fund Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Bruce R. Fraser, Q.C.
Attorney General of Alberta
1660 - 639, 5TH AVE SW
CALGARY, Alberta
T2P 0M9
Telephone: (403) 297-3360
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Keegstra, James

Counsel
Douglas H. Christie
810 Courtney St.
Victoria, British Columbia
V8W 1C4
Telephone: (250) 385-1022
FAX: (250) 479-3294
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Canadian Jewish Congress

Counsel
John I. Laskin
Davies Ward Phillips & Vineberg LLP
1 FIRST CANADIAN PL 44TH FL
PO BOX 63
TORONTO, Ontario
M5X 1B1
Telephone: (416) 863-0900
FAX: (416) 863-0871

Party: Canadian Civil Liberties Association

Counsel
Marc Rosenberg, Q.C.
Greenspan & Associates
144 KING ST E
TORONTO, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Agent
Heather E. Perkins-McVey
Shore, Davis, Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Attorney General of New Brunswick

Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: League for Human Rights of B'nai Brith Canada

Counsel
Mark J. Sandler
Cooper, Sandler & West
1900 - 439 UNIVERSITY AVE
TORONTO, Ontario
M5G 1Y8
Telephone: (416) 585-9191
FAX: (416) 408-2372

Party: Attorney General of Canada

Counsel
D. Martin Low, Q.C.
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997

Party: Attorney General for Ontario

Agent
Hyman Soloway, Q.C.
Soloway, Wright LLP
900 - 427 Laurier Ave. W.
Ottawa, Ontario
K1R 7Y2
Telephone: (613) 236-0111
FAX: (613) 238-8507

Party: Attorney General of Manitoba

Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Quebec

Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: InterAmicus

Counsel
Joseph R. Nuss, Q.C.
Ahern, Lalonde, Nuss & Drymer
3333 - 1 PL VILLE-MARIE
MONTRÉAL, Quebec
H3B 3N2
Telephone: (514) 866-9757
FAX: (514) 866-5269
Agent
Brian C. Elkin
Ogilvy, Renault
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459

Party: Women's Legal Education and Action Fund

Counsel
Leslie Hardy
Kathleen E. Mahoney
Women's Legal Education & Action Fund
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

July 20, 1986
Court of Queen’s Bench of Alberta

Not available

Conviction: Wilful promotion of hatred

June 6, 1988
Court of Appeal of Alberta (Edmonton)

Not listed

Appeal allowed - conviction quashed

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13