This automatically places responsibly on the accused to prove him/herself innocent. In defense this was seen as an infringement of charter rights particularly under s. 11(d) where the accused is presumed innocent until found guilty according to law in a fair and public hearing by an independent and impartial tribunal. .

             - On both issues Justice Kerans J.A. found that the Charter had been violated , and that s.319(2) had actually failed the proportionality test, reasoning that the section itself was to general in definition and failed to recognize sections 15 and 27 of the Charter dealing with multiculturalism, as he felt that they need not apply to the specific case. The appeal by Keegstra was allowed. .

             Keegstra"s fate was then left in the hands of the Supreme Court of Canada.

             Issues:.

             The following constitutional questions were developed to help make the Supreme Court decision (pg. 90, course pack).

             1) Is s.319(2) of the Criminal code Canada R.S.C., 1985, c. C-46) an infringement of freedom of expression as guaranteed under s.2(b) of the Canadian Charter of Rights and Freedoms?.

             2) If s.319(2) of the Criminal code Canada R.S.C., 1985, c. C-46) is an infringement of s.(2)(b) the Canadian Charter of Rights and Freedoms , can it be upheld under s.1 of the Canadian Charter of Rights and Freedoms as a reasonable limit prescribed by law and demonstrably justified in a free and democratic society?.

             Is s.319(3)(a) of the Criminal code Canada R.S.C., 1985, c. C-46) an infringement of freedom of expression as guaranteed under s.11(d) of the Canadian Charter of Rights and Freedoms?.

             If s.319(3)(a) of the Criminal code Canada R.S.C., 1985, c. C-46) is an infringement of s.11(d) of the Canadian Charter of Rights and Freedoms , can it be upheld under s.1 of the Canadian Charter of Rights and Freedoms as a reasonable limit prescribed by law and demonstrably justified in a free and democratic society?.

             All seven judges on the Supreme Court of Canada Panel agreed that s.