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29865

Her Majesty the Queen v. Krystopher Krymowski, et al.

(Ontario) (Criminal) (By Leave)

(Publication ban in case) (Publication ban on party)

Docket

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

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

v.

Other parties

Counsel

Party: Her Majesty the Queen

Counsel
Jamie C. Klukach
Eliott Behar
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jamie.klukach@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Krymowski, Krystopher

Counsel
David Gomes
112 Adelaide Street East
Toronto, Ontario
M5C 1K9
Telephone: (416) 361-0906
FAX: (416) 368-2918
Agent
Roger W. Shorey
102-99 Holland Ave.
Ottawa, Ontario
K1Y 0Y1
Telephone: (613) 725-5637
FAX: (613) 725-0464

Party: Marshall, Ryan Douglas

Counsel
David Gomes
112 Adelaide Street East
Toronto, Ontario
M5C 1K9
Telephone: (416) 361-0906
FAX: (416) 368-2918
Agent
Roger W. Shorey
102-99 Holland Ave.
Ottawa, Ontario
K1Y 0Y1
Telephone: (613) 725-5637
FAX: (613) 725-0464

Party: McFarlane, Quinn Mason

Counsel
Peter Lindsay
233 Sheppard Avenue West
Toronto, Ontario
M2N 1N2
Telephone: (416) 733-3313
FAX: (416) 733-3433
Email: peter@lindsaylaw.ca
Agent
Roger W. Shorey
102-99 Holland Ave.
Ottawa, Ontario
K1Y 0Y1
Telephone: (613) 725-5637
FAX: (613) 725-0464

Party: Schultz, Michael Peter

Counsel
Peter Lindsay
233 Sheppard Avenue West
Toronto, Ontario
M2N 1N2
Telephone: (416) 733-3313
FAX: (416) 733-3433
Email: peter@lindsaylaw.ca
Agent
Roger W. Shorey
102-99 Holland Ave.
Ottawa, Ontario
K1Y 0Y1
Telephone: (613) 725-5637
FAX: (613) 725-0464

Party: J.J.V.

Counsel
Peter Lindsay
233 Sheppard Avenue West
Toronto, Ontario
M2N 1N2
Telephone: (416) 733-3313
FAX: (416) 733-3433
Email: peter@lindsaylaw.ca
Agent
Roger W. Shorey
102-99 Holland Ave.
Ottawa, Ontario
K1Y 0Y1
Telephone: (613) 725-5637
FAX: (613) 725-0464

Party: A.M.V.

Counsel
Peter Lindsay
233 Sheppard Avenue West
Toronto, Ontario
M2N 1N2
Telephone: (416) 733-3313
FAX: (416) 733-3433
Email: peter@lindsaylaw.ca
Agent
Roger W. Shorey
102-99 Holland Ave.
Ottawa, Ontario
K1Y 0Y1
Telephone: (613) 725-5637
FAX: (613) 725-0464

Party: Canadian Jewish Congress

Counsel
Joel Richler
Blake, Cassels & Graydon LLP
2800 - 199 Bay St.
P.O. Box 25, Stn. Commerce Court
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2735
FAX: (416) 863-2653
Email: jr@blakes.com
Agent
Gordon K. Cameron
Blake, Cassels & Graydon LLP
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com

Party: League for Human Rights of B'nai Brith

Counsel
David Matas
Marvin Kurz
Steven Klein
225 Vaughan Street
Suite 602
Winnipeg, Manitoba
R3C 1T7
Telephone: (204) 944-1831
FAX: (204) 942-1494
Email: dmatas@mts.net
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Attorney General of Canada

Counsel
Bernard Laprade
Cheryl J. Tobias
Attorney General of Canada
Department of Justice
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4761
FAX: (613) 941-7865
Agent
Robert J. Frater
Attorney General of Canada
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.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.

On August 26, 1997, approximately 25 demonstrators marched along a sidewalk in front of a Scarborough motel temporarily housing a group of persons who were awaiting the outcome of their refugee claims. The demonstrators chanted statements like “Gypsies out,” “How do you like Canada now,” and “White power” and some carried placards. The Hate Crimes Unit, with the consent of the Attorney General, charged the Respondents under s. 319(6) of the Criminal Code, R.S.C. 1985, c. C-46. There were two Informations, one under the Young Offenders Act and one under the Criminal Code, charging that:
On or about the 26th day of August, 1997, in the City of Scarborough, in the Toronto Region, and elsewhere in the Province of Ontario, did wilfully promote hatred against an identifiable group, to wit Roma, by communicating statements, including the written statements: “Honk if you hate Gypsies”, “Canada is not a Trash Can”, and “Your [sic] a cancer to Canada”, contrary to the Criminal Code of Canada.

The Crown elected to proceed summarily, and, by consent, the evidence in the trial of the adult Respondents was applied to the trial of the two Young Offenders.

Defence counsel elected not to call evidence and submitted in closing arguments that there was no evidence that the Roma are similar to, the same as, or related to Gypsies. The Appellant Crown sought to amend the Information to read “Roma a.k.a. gypsies,” but this application was dismissed. The Crown then asked the trial judge to take judicial notice of the dictionary definitions of Roma, but he declined. Finally, the Crown asked the trial judge to reopen the trial to allow it to call evidence that gypsies are the same as Roma., but this too was refused.

The Respondents were acquitted and the Crown’s subsequent appeals were dismissed.

Lower court rulings

March 24, 2000
Ontario Court of Justice


Acquittal: Wilful promotion of hatred against an identifiable group contrary to s. 319(2) of the Criminal Code

June 28, 2002
Ontario Superior Court of Justice

00-SC-000068

Summary conviction appeal dismissed

May 20, 2003
Court of Appeal for Ontario

C38595

Crown's appeal and respondents' cross-appeal dismissed

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

Not available

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

Not available

Webcasts

Not available.

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)
2005-05-05 Appeal closed
2005-04-29 Decision on the motion for a re-hearing of the appeal, CJ Ma Ba Bi LeB De F Abe Cha, The motion for a re-hearing is dismissed
Dismissed
2005-04-26 All material on motion for a re-hearing of the appeal submitted to Justices, CJ Ma Ba Bi LeB De F Abe Cha
2005-04-25 Reply to the response to the motion for a re-hearing of the appeal, (sent to the Court on Apr. 26/05) Krystopher Krymowski
2005-04-11 Response to the motion for a re-hearing of the appeal, (sent to the Court on Apr. 26/05), Completed on: 2005-04-12 Her Majesty the Queen
2005-03-29 Motion for a re-hearing of the appeal, (sent to the Court on Apr. 26/05), Completed on: 2005-04-01 Krystopher Krymowski
2005-02-25 Judgment on appeal and notice of deposit of judgment sent to all parties
2005-02-24 Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for Ontario, Number C38595, dated May 20, 2003, heard on November 8, 2004, is allowed, the acquittals are set aside and new trials ordered.
Allowed
2004-11-23 Transcript received, (75 pages)
2004-11-08 Judgment reserved OR rendered with reasons to follow
2004-11-08 Acknowledgement and consent for video taping of proceedings, From all parties
2004-11-08 Hearing of the appeal, 2004-11-08, CJ Ma Ba Bi LeB De F Abe Cha
Judgment reserved
2004-11-08 Notice of appearance, Marvin Kurz and Steven Klein will be present at hearing. League for Human Rights of B'nai Brith
2004-10-26 Notice of appearance, Jamie Klukach and Eliott Behar will be present at hearing. Her Majesty the Queen
2004-10-25 Notice of appearance, Cheryl J. Tobias will be present at hearing. Attorney General of Canada
2004-10-18 Order by, F, UPON APPLICATIONS by the Attorney General of Canada, the Canadian Jewish Congress and the League for Human Rights B'nai Brith Canada, for leave to intervene in the above appeal and pursuant to the order of September 8, 2004;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2004-10-15 Book of authorities, Completed on: 2004-10-15 Canadian Jewish Congress
2004-10-15 Intervener's factum, Completed on: 2004-10-15 Canadian Jewish Congress
2004-10-15 Book of authorities, Completed on: 2004-10-15 Attorney General of Canada
2004-10-15 Intervener's factum, Completed on: 2004-10-15 Attorney General of Canada
2004-10-13 Intervener's factum, Completed on: 2004-10-15 League for Human Rights of B'nai Brith
2004-09-08 Order on motion for leave to intervene, (BY FISH J.)
2004-09-08 Decision on the motion for leave to intervene, F, The motion for leave to intervene of the applicant, the Attorney General of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before October 15, 2004.
The motion for leave to intervene of the applicant, the Canadian Jewish Congress, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before October 15, 2004.
The motion for leave to intervene of the applicant, the League for Human Rights of B'nai Brith Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before October 15, 2004.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellants and respondent by their intervention.
Granted
2004-09-08 Submission of motion for leave to intervene, F
2004-09-02 Order on motion to extend time, (BY FISH J.)
2004-09-02 Decision on motion to extend time, F, UPON APPLICATION by the respondents for an order extending the time to serve and file their factum, record and book of authorities to July 5, 2004, and for an order permitting the respondent to present oral argument at the hearing of this appeal.
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2004-09-02 Submission of motion to extend time, F
2004-08-30 Response to motion to extend time, e-mail from Jamie Klukach dated 08/11/04, Completed on: 2004-08-30 Her Majesty the Queen
2004-08-30 Motion to extend time, to file the respondents' record, factum and authorities to July 5/04, Completed on: 2004-08-30 Krystopher Krymowski
2004-08-03 Notice of hearing sent to parties
2004-07-15 Appeal hearing scheduled, 2004-11-08, (Previously Nov. 8/04 and Dec. 8/04)
Judgment reserved
2004-07-05 Respondent's book of authorities, (Motion for extension of time requested), Completed on: 2004-08-30 Krystopher Krymowski
2004-07-05 Respondent's record, (Motion for extension of time requested), Completed on: 2004-08-30 Krystopher Krymowski
2004-07-05 Respondent's factum, (Motion for extension of time requested), Completed on: 2004-08-30 Krystopher Krymowski
2004-07-05 Correspondence received from, Jamie Klukach re: consent to respondents having the same agent Her Majesty the Queen
2004-06-28 Appeal perfected for hearing
2004-06-09 Decision on motion to extend time, to serve and file the appellant's factum to Apr. 30/04 and its book of authorities to June 4/04, Reg
Granted
2004-06-09 Submission of motion to extend time, Reg
2004-06-04 Appellant's book of authorities, (acknowledgments of service requested and rec'd June 11/04), Completed on: 2004-06-11 Her Majesty the Queen
2004-06-04 Response to motion to extend time, (Letter Form), from D. Gomes (joint with motion), Completed on: 2004-06-04 Krystopher Krymowski
2004-06-04 Response to motion to extend time, (Letter Form), from P. Lindsay (joint with motion), Completed on: 2004-06-04 Quinn Mason McFarlane
2004-06-04 Motion to extend time, to serve and file the factum to April 30/04 and book of authorities to June 4/04, Completed on: 2004-06-04 Her Majesty the Queen
2004-06-02 Response to the motion for leave to intervene, Completed on: 2004-06-02 Her Majesty the Queen
2004-05-28 Motion for leave to intervene, (bookform), Completed on: 2004-06-01 League for Human Rights of B'nai Brith
2004-05-27 Motion for leave to intervene, Completed on: 2004-05-27 Attorney General of Canada
2004-05-27 Motion for leave to intervene, (bookform), Completed on: 2004-05-27 Canadian Jewish Congress
2004-04-30 Appellant's factum, (Motion requested - rec'd June 4/04), Completed on: 2004-06-04 Her Majesty the Queen
2004-04-29 Appellant's record, (Vol. I, 24 copies and 14 copies of vol. II to IV), Completed on: 2004-04-29 Her Majesty the Queen
2004-02-05 Notice of appeal, Completed on: 2004-02-05 Her Majesty the Queen
2004-02-02 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2004-01-23 Judgment on leave sent to the parties
2004-01-22 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C38595, dated May 20, 2003, is granted.
Granted
2003-11-17 All materials on application for leave submitted to the Judges, CJ Ma F
2003-09-23 Order on motion to leave to intervene, (BY ARBOUR J.)
2003-09-23 Decision on motion for leave to intervene, Arb, Despite the fact that the possibility of allowing interventions on applications for leave to appeal is now explicit in s. 56(a) of the Rules of the Supreme Court of Canada adopted in 2002, such interventions in the leave process are rarely granted (Monsanto Canada Inc. v. Superintendent of Financial Services, et al. (29586) (March 28, 2003); Dutch Industries Ltd. v. Barton No-Till Disk Inc., et al. (29738) (June 24, 2003)).

The proposed intervener expands on the first issue raised by the Crown in its application for leave to appeal and stresses its public importance. This is not sufficient to create an exceptional circumstance which would justify granting the intervention in the leave process.

The motion is dismissed. The applicant will of course be free to apply for leave to intervene in the appeal, should leave to appeal be granted.
Dismissed
2003-09-19 Submission of motion for leave to intervene, Arb
2003-09-08 Response to the motion for leave to intervene, book form (joint), Completed on: 2003-09-08 Krystopher Krymowski
2003-09-02 Respondent's response on the application for leave to appeal, (joint response), Completed on: 2003-09-02 Krystopher Krymowski
2003-08-29 Response to the motion for leave to intervene, (Letter Form), from K. Collins (E-Mail), Completed on: 2003-08-29 Her Majesty the Queen
2003-08-29 Motion for leave to intervene, book form, Completed on: 2003-08-29 Canadian Jewish Congress
2003-07-28 Letter acknowledging receipt of a complete application for leave to appeal
2003-07-16 Application for leave to appeal, Completed on: 2003-07-28 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 Appellant Active

v.

Main parties - Respondents
Name Role Status
Krymowski, Krystopher Respondent Active
Marshall, Ryan Douglas Respondent Active
McFarlane, Quinn Mason Respondent Active
Schultz, Michael Peter Respondent Active
J.J.V. Respondent Active
A.M.V. Respondent Active

Other parties

Other parties
Name Role Status
Canadian Jewish Congress Intervener Active
League for Human Rights of B'nai Brith Intervener Active
Attorney General of Canada Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Jamie C. Klukach
Eliott Behar
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jamie.klukach@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Krymowski, Krystopher

Counsel
David Gomes
112 Adelaide Street East
Toronto, Ontario
M5C 1K9
Telephone: (416) 361-0906
FAX: (416) 368-2918
Agent
Roger W. Shorey
102-99 Holland Ave.
Ottawa, Ontario
K1Y 0Y1
Telephone: (613) 725-5637
FAX: (613) 725-0464

Party: Marshall, Ryan Douglas

Counsel
David Gomes
112 Adelaide Street East
Toronto, Ontario
M5C 1K9
Telephone: (416) 361-0906
FAX: (416) 368-2918
Agent
Roger W. Shorey
102-99 Holland Ave.
Ottawa, Ontario
K1Y 0Y1
Telephone: (613) 725-5637
FAX: (613) 725-0464

Party: McFarlane, Quinn Mason

Counsel
Peter Lindsay
233 Sheppard Avenue West
Toronto, Ontario
M2N 1N2
Telephone: (416) 733-3313
FAX: (416) 733-3433
Email: peter@lindsaylaw.ca
Agent
Roger W. Shorey
102-99 Holland Ave.
Ottawa, Ontario
K1Y 0Y1
Telephone: (613) 725-5637
FAX: (613) 725-0464

Party: Schultz, Michael Peter

Counsel
Peter Lindsay
233 Sheppard Avenue West
Toronto, Ontario
M2N 1N2
Telephone: (416) 733-3313
FAX: (416) 733-3433
Email: peter@lindsaylaw.ca
Agent
Roger W. Shorey
102-99 Holland Ave.
Ottawa, Ontario
K1Y 0Y1
Telephone: (613) 725-5637
FAX: (613) 725-0464

Party: J.J.V.

Counsel
Peter Lindsay
233 Sheppard Avenue West
Toronto, Ontario
M2N 1N2
Telephone: (416) 733-3313
FAX: (416) 733-3433
Email: peter@lindsaylaw.ca
Agent
Roger W. Shorey
102-99 Holland Ave.
Ottawa, Ontario
K1Y 0Y1
Telephone: (613) 725-5637
FAX: (613) 725-0464

Party: A.M.V.

Counsel
Peter Lindsay
233 Sheppard Avenue West
Toronto, Ontario
M2N 1N2
Telephone: (416) 733-3313
FAX: (416) 733-3433
Email: peter@lindsaylaw.ca
Agent
Roger W. Shorey
102-99 Holland Ave.
Ottawa, Ontario
K1Y 0Y1
Telephone: (613) 725-5637
FAX: (613) 725-0464

Party: Canadian Jewish Congress

Counsel
Joel Richler
Blake, Cassels & Graydon LLP
2800 - 199 Bay St.
P.O. Box 25, Stn. Commerce Court
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2735
FAX: (416) 863-2653
Email: jr@blakes.com
Agent
Gordon K. Cameron
Blake, Cassels & Graydon LLP
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com

Party: League for Human Rights of B'nai Brith

Counsel
David Matas
Marvin Kurz
Steven Klein
225 Vaughan Street
Suite 602
Winnipeg, Manitoba
R3C 1T7
Telephone: (204) 944-1831
FAX: (204) 942-1494
Email: dmatas@mts.net
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Attorney General of Canada

Counsel
Bernard Laprade
Cheryl J. Tobias
Attorney General of Canada
Department of Justice
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4761
FAX: (613) 941-7865
Agent
Robert J. Frater
Attorney General of Canada
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.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.

On August 26, 1997, approximately 25 demonstrators marched along a sidewalk in front of a Scarborough motel temporarily housing a group of persons who were awaiting the outcome of their refugee claims. The demonstrators chanted statements like “Gypsies out,” “How do you like Canada now,” and “White power” and some carried placards. The Hate Crimes Unit, with the consent of the Attorney General, charged the Respondents under s. 319(6) of the Criminal Code, R.S.C. 1985, c. C-46. There were two Informations, one under the Young Offenders Act and one under the Criminal Code, charging that:
On or about the 26th day of August, 1997, in the City of Scarborough, in the Toronto Region, and elsewhere in the Province of Ontario, did wilfully promote hatred against an identifiable group, to wit Roma, by communicating statements, including the written statements: “Honk if you hate Gypsies”, “Canada is not a Trash Can”, and “Your [sic] a cancer to Canada”, contrary to the Criminal Code of Canada.

The Crown elected to proceed summarily, and, by consent, the evidence in the trial of the adult Respondents was applied to the trial of the two Young Offenders.

Defence counsel elected not to call evidence and submitted in closing arguments that there was no evidence that the Roma are similar to, the same as, or related to Gypsies. The Appellant Crown sought to amend the Information to read “Roma a.k.a. gypsies,” but this application was dismissed. The Crown then asked the trial judge to take judicial notice of the dictionary definitions of Roma, but he declined. Finally, the Crown asked the trial judge to reopen the trial to allow it to call evidence that gypsies are the same as Roma., but this too was refused.

The Respondents were acquitted and the Crown’s subsequent appeals were dismissed.

Lower court rulings

March 24, 2000
Ontario Court of Justice


Acquittal: Wilful promotion of hatred against an identifiable group contrary to s. 319(2) of the Criminal Code

June 28, 2002
Ontario Superior Court of Justice

00-SC-000068

Summary conviction appeal dismissed

May 20, 2003
Court of Appeal for Ontario

C38595

Crown's appeal and respondents' cross-appeal dismissed

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

Not available

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

Not available

Webcasts

Not available.

Date modified: 2025-02-27