R. v. Rehberg

R. v. Rehberg

Given the circumstances — deliberate erection and burning of a five-foot cross in the front yard of a known bi-racial household at 12:30 a.m., contemporaneous racial epithets heard by occupants, and the historical meaning of cross-burning — the act constituted a public communication that, objectively considered, incited hatred; the Crown proved the elements of s.319(1)(a) beyond a reasonable doubt and conviction follows.

Citation
2010 NSPC 101
Parties
Crown: Her Majesty the Queen; Accused: Justin Chad Rehberg
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 November 2010
Procedural Posture
Criminal / Trial Decision Conviction on Count One
Outcome
Guilty on count one (s.319(1)(a) Criminal Code)
Legal Topics
Incitement to Hatred, Cross Burning, Mens Rea, S.319(1)(a) Criminal Code
Source Language
English
Criminal Law Hate Speech Law Incitement to Hatred Cross Burning Mens Rea S.319(1)(a) Criminal Code

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Parties

Her Majesty the Queen

Crown

Justin Chad Rehberg

Accused

Procedural Posture

Criminal / Trial Decision Conviction on Count One

Legal Issues

  1. 1 Whether the act of cross-burning constituted a communication that incited hatred within the meaning of s.319(1)(a) Criminal Code
  2. 2 Whether the Crown proved the elements of the offence beyond a reasonable doubt
  3. 3 Whether actual hatred must be proven or risk is sufficient to ground conviction

Ratio Decidendi

Given the circumstances — deliberate erection and burning of a five-foot cross in the front yard of a known bi-racial household at 12:30 a.m., contemporaneous racial epithets heard by occupants, and the historical meaning of cross-burning — the act constituted a public communication that, objectively considered, incited hatred; the Crown proved the elements of s.319(1)(a) beyond a reasonable doubt and conviction follows.

Court Disposition

Guilty on count one (s.319(1)(a) Criminal Code)

Orders

  • Conviction entered on the first count of the Information under s.319(1)(a) Criminal Code