Abstract

This thesis examines the affair surrounding the Moncton, New Brunswick schoolteacher and Holocaust denier, Malcolm Ross. After the Attorney General refused to charge Ross under Canada's anti-hate legislation, those who wanted action taken against Ross had to act creatively. First, the school board was left to handle the citizens' complaints. Its slow reaction and reluctance to reprimand a teacher for personal beliefs, led one parent to lodge a complaint against the school board with the New Brunswick Human Rights Commission. A Human Rights Tribunal then heard the case. A long legal battle ensued, which ultimately removed Ross from the classroom but maintained his right to continue publishing hate literature. The Supreme Court ruling in this case and that of Alberta Holocaust denier, James Keegstra, demonstrate that the courts are unwilling to curtail the freedom of expression through criminal legislation. Therefore cases such as these are increasingly handled by Human Rights legislation. If this continues, Human Rights legislation will need to be expanded to address hate speech directly.