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''R v Krymowski'' () 1 S.C.R. 101 was a decision by the Supreme Court of Canada on hate speech against the Roma people, also known as "Gypsies." ==Background== When Roma refugees were allowed into Canada in 1997, a protest was staged by 25 neo-Nazis and other people in front of the motel where the refugees were staying. The protest followed weeks of public controversy where a large number of public officials, members of the press and media, police and the general public spoke and wrote very harsh things about "gypsy" refugee claimants. Several major newspapers ran news articles and editorials highly critical of gypsy refugees, suggesting a culture of criminality and an abuse by the refugee claimants of Canada's immigration and social services systems. One senior local official was even quoted as saying that gypsies "pimp their wives and daughters" and train their children to steal. The public mood towards the refugee claimants was especially grim due to ongoing major cuts to social programs which were already putting local needy families at risk. Three weeks into the controversy, the demonstration occurred, lasting approximately 2 hours. 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." (The last is a reference to Canada's Goods and Services Tax, also known as GST.) The protesters did not refer to "Roma". Police described the protest as "peaceful". The trial judge agreed. One of the two lead detectives testified that the "essential message" of the demonstrators "was that "gypsy refugee claimants" should not be permitted to stay in Canada" and that "many people were expressing () view", before and after the demonstration. However, a large number of the protesters wore neo-Nazi paraphernalia. 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 willful promotion of hatred against an "identifiable group", a crime under the Criminal Code. All persons charged ranged in age from 15-20. No public officials, members of the media or police were charged. The trial and pre-trial motions lasted 47 days, spread over 16 months, ending in March 2000. The defence called no evidence at trial. Instead, the defence argued that the Crown had failed to prove that the demonstrators specifically targeted "Roma". They had spoken only of "gypsies", which may or may not refer to Roma, and the Crown had called no evidence on the point. The Crown responded arguing, among other things, that the defence had already conceded the equivalence of "gypsies" and "Roma", and pointed to Exhibit 12, a written defence concession given at the request of the Crown. Attached to Exhibit 12 was an extract of an article authored by one Ian Hancock, which arguably used the words "Roma" and "Gypsies" to refer to the same people. The article was selected by the Crown as "background" to the concession. Exhibit 12 read: "On behalf of all accused, (counsel ) Mr. Gomes and I (counsel Lindsay ) admit that the Roma people are an identifiable group which were historically persecuted by the Nazis. I agree to admission of the section of the Hancock article entitled “The Treatment of Roma in Nazi Germany” (pp 7–8) solely as background to the admission in the previous sentence and not as any further admission. I make no further admission and do not concede to admission of any of the rest of the Hancock article. Mr. Gomes agrees to all of the contents of this fax on behalf of his clients." The trial judge made the following findings of fact with respect to Exhibit 12: "The precise and unequivocal concession on the facsimile covering page by both defence counsel is that “the roma people are an identifiable group, which were historically persecuted by the Nazis”. Solely on the basis of that concession, the defence consented to the admission of the remaining part of the two pages of the exhibit, solely as background to the admission, the previous statement, and nothing more. As a further qualification, the defence writes that there are no further admissions and nothing further is conceded from the rest of the article. A review of the article suggests that the term roma and gypsies may be synonymous. However, whether they are one and the same is not clear. The concession from the defence does not go so far as to concede that they are one and the same, nor that gypsies are an identifiable group, historically persecuted by the Nazis. ... 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 Krymowski」の詳細全文を読む スポンサード リンク
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