R v. Andrews, [1990] 3 S.C.R. 870

Donald Clarke Andrews and Robert Wayne Smith - Appellants v. Her Majesty The Queen - Respondent

The accused were charged with the wilful promotion of hatred against an identifiable group under s. 319(2) of the Criminal Code. A was the leader and S the secretary of the Nationalist Party of Canada, a white nationalist political organization. Both were members of the party's central committee, the organization responsible for the publication of the Nationalist Reporter, which promoted the theory of white supremacy. The accused were convicted and their convictions upheld by the Court of Appeal. This appeal is to determine whether ss. 319(2) and 319(3)(a) of the Code are constitutionally valid.