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33676

Saskatchewan Human Rights Commission v. William Whatcott

(Saskatchewan) (Civil) (By Leave)

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)
2015-01-05 Appeal closed
2014-12-18 Certificate of taxation issued to, Mr. Grant J. Scharfstein
2014-12-18 Decision on the bill of costs, in the amount of $12,928.45, Reg
2014-12-18 Submission of the bill of costs, Reg
2014-12-18 Order on motion to extend time, (by the REGISTRAR)
2014-12-18 Decision on motion to extend time, Reg, UPON APPLICATION by the appellant for an order extending the time within which to serve and file its notice of taxation and bill of costs to June 11, 2014;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2014-12-18 Submission of motion to extend time, Reg
2014-06-12 Response to motion to extend time, (Letter Form), Completed on: 2014-06-12 Attorney General for Saskatchewan
2014-06-11 Correspondence received from, (Letter Form), the appellant. They only require an extension of time to the filing date not June 27, 2014 as mentioned in their motion., (Electronic version filed on 2014-06-12) Saskatchewan Human Rights Commission
2014-06-11 Response to motion to extend time, (Letter Form), Completed on: 2014-06-11, (Electronic version filed on 2014-06-11) William Whatcott
2014-06-10 Motion to extend time, (Letter Form), to file the Bill of Costs, Completed on: 2014-06-10, (Printed version filed on 2014-06-11) Saskatchewan Human Rights Commission
2013-12-03 Bill of costs, (The complete Bill of Costs was received June 11, 2014.), Completed on: 2014-06-11 Saskatchewan Human Rights Commission
2013-04-19 Formal judgment sent to the registrar of the court of appeal and all parties
2013-04-19 Notice of deposit of judgment sent to all parties
2013-04-18 Decision on the motion for a re-hearing of the appeal, CJ LeB F Abe Ro Cro, The application for a re-hearing from the judgment of the Supreme Court of Canada dated February 27, 2013, is dismissed without costs.
Dismissed, without costs
2013-04-16 Response to the motion for a re-hearing of the appeal, (Letter Form), from Ashley M. Smith dated Apr. 12/13, Completed on: 2013-04-16 Northwest Territories Human Rights Commission and Yukon Human Rights Commission
2013-04-09 All material on motion for a re-hearing of the appeal submitted to Justices, CJ LeB F Abe Ro Cro
2013-04-04 Reply to the response to the motion for a re-hearing of the appeal, email from Tom Schuck dated Apr. 3/13 re will not be filing anything further (sent to the Court April 9/13) William Whatcott
2013-04-02 Response to the motion for a re-hearing of the appeal, (Letter Form), from David Kamal dated Apr. 2/13 (sent to the Court April 9/13), Completed on: 2013-04-02 Attorney General of Alberta
2013-04-02 Response to the motion for a re-hearing of the appeal, (Letter Form), from Arif Chowdury dated Apr. 1/13 (sent to the Court April 9/13), Completed on: 2013-04-02 Unitarian Congregation of Saskatoon and Canadian Unitarian Council
2013-03-28 Response to the motion for a re-hearing of the appeal, (Letter Form), from Thomson Irvine dated March 28/13 (sent to the Court April 9/13), Completed on: 2013-03-28 Attorney General for Saskatchewan
2013-03-27 Correspondence received from, Jeffrey Beedell re: Jeff will replace Eugene Meehan as agent Northwest Territories Human Rights Commission and Yukon Human Rights Commission
2013-03-26 Response to the motion for a re-hearing of the appeal, (Letter Form), from Kim Stanton dated March 26/13 (sent to the Court April 9/13), Completed on: 2013-03-26 Women's Legal Education and Action Fund
2013-03-25 Response to the motion for a re-hearing of the appeal, email from Henry S. Brown, Q.C. dated March 25/13 re will not be filing a response (sent to the Court April 9/13), Completed on: 2013-03-25 Alberta Human Rights Commission
2013-03-25 Response to the motion for a re-hearing of the appeal, email from Henry S. Brown, Q.C. dated March 25/13 re will not be filing a response (sent to the Court April 9/13), Completed on: 2013-03-25 Canadian Bar Association
2013-03-21 Response to the motion for a re-hearing of the appeal, (Letter Form), from Philippe Dufresne dated March 20/13 (sent to the Court April 9/13), Completed on: 2013-03-21 Canadian Human Rights Commission
2013-03-21 Response to the motion for a re-hearing of the appeal, (Letter Form), from M. Philip Tunley dated March 21/13 re: will not be filing any response (sent to the Court April 9/13), Completed on: 2013-03-21 Canadian Journalists for Free Expression
2013-03-20 Response to the motion for a re-hearing of the appeal, (Letter Form), from Grant J. Scharfstein, Q.C. dated March 20/13 re: elects not to file responding material (sent to the Court April 9/13), Completed on: 2013-03-20 Saskatchewan Human Rights Commission
2013-03-14 Motion for a re-hearing of the appeal, (Book Form), (sent to the Court April 9/13), Completed on: 2013-03-14 William Whatcott
2013-02-28 Formal judgment sent to the registrar of the court of appeal and all parties
2013-02-28 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-02-27 Judgment on the appeal rendered, (Deschamps J. took no part in the judgment), CJ LeB De F Abe Ro Cro, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number 1566, 2010 SKCA 26, dated February 25, 2010, heard on October 12, 2011, is allowed in part. The decision of the Tribunal is reinstated with respect to Flyers D and E. The Commission is awarded costs throughout, including costs of the application for leave to appeal in this Court.

The constitutional questions are answered as follows:

1. Does s. 14(1)(b) of The Saskatchewan Human Rights Code, S.S. 1979, c. S-24.1, infringe s. 2(a) of the Canadian Charter of Rights and Freedoms?
Answer: Yes

2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?

Answer: A prohibition of any representation that “ridicules, belittles or otherwise affronts the dignity of” any person or class of persons on the basis of a prohibited ground is not a reasonable limit on freedom of religion. Those words are constitutionally invalid and are severed from the statutory provision. The remaining prohibition of any representation “that exposes or tends to expose to hatred” any person or class of persons on the basis of a prohibited ground is a reasonable limit and demonstrably justified in a free and democratic society.

3. Does s. 14(1)(b) of The Saskatchewan Human Rights Code, S.S. 1979, c. S-24.1, infringe s. 2(b) of the Canadian Charter of Rights and Freedoms?
Answer: Yes

4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?

Answer: A prohibition of any representation that “ridicules, belittles or otherwise affronts the dignity of” any person or class of persons on the basis of a prohibited ground is not a reasonable limit on freedom of expression. Those words are constitutionally invalid and are severed from the statutory provision. The remaining prohibition of any representation “that exposes or tends to expose to hatred” any person or class of persons on the basis of a prohibited ground is a reasonable limit and demonstrably justified in a free and democratic society.
Allowed in part, with costs
2012-01-11 Correspondence received from, E. Meehan dated Jan 6, 2012 re: updated contact info Saskatchewan Human Rights Commission
2011-12-12 Media lock-up request refused
2011-12-12 Media lock-up consent form received from, Thomas A. Schuck William Whatcott
2011-12-09 Media lock-up consent form received from, Thomson Irvine Attorney General for Saskatchewan
2011-12-06 Media lock-up consent form received from, Cynthia Petersen Egale Canada Inc.
2011-12-05 Media lock-up consent form received from, Grant Scharfstein Saskatchewan Human Rights Commission
2011-11-24 Media lock-up letter, consent form and undertaking sample sent to all parties
2011-11-16 Media lock-up requested or proposed
2011-10-26 Transcript received, (140 pages)
2011-10-12 Intervener's condensed book, (Submitted in Court - 14 copies) Christian Legal Fellowship
2011-10-12 Respondent's condensed book, (submitted in Court - 14 copies) William Whatcott
2011-10-12 Appellant's condensed book, (submitted in Court - 14 copies) Saskatchewan Human Rights Commission
2011-10-12 Judgment reserved OR rendered with reasons to follow
2011-10-12 Acknowledgement and consent for video taping of proceedings, From all parties
2011-10-12 Hearing of the appeal, 2011-10-12, CJ LeB De F Abe Ro Cro
Judgment reserved
2011-10-07 Correspondence received from, Arif Chowdhury, by fax, Re: Will be attending hearing alone Unitarian Congregation of Saskatoon and Canadian Unitarian Council
2011-10-05 Correspondence received from, McMillan by email, re.: request for 4 reserved seats at the hearing Saskatchewan Human Rights Commission
2011-10-05 Correspondence received from, D. Hutchinson by fax, re.: request for 2 reserved seats at the hearing Evangelical Fellowship of Canada
2011-10-04 Correspondence received from, K. Doctor by fax, re.: request for reserved seats at the hearing Egale Canada Inc.
2011-10-04 Notice of appearance, Marvin Kurz will be present at hearing League for Human Rights of B'nai Brith Canada
2011-10-03 Notice of appearance, Mark J. Freiman will be present at hearing Canadian Jewish Congress
2011-10-03 Notice of appearance, Derek J. Bell, Ranjan K. Agarwal and Ruth A.M. Ross will be present at hearing Christian Legal Fellowship
2011-10-03 Notice of appearance, Sunil Gurmukh and Moya Teklu will be present at hearing African Canadian Legal Clinic
2011-10-03 Notice of appearance, Ryan D.W. Dalziel and Erica J. Toews will be present at the hearing Catholic Civil Rights League and Faith and Freedom Alliance
2011-10-03 Notice of appearance, Arif Chowdhury and Yael Wexler will be present at hearing Unitarian Congregation of Saskatoon and Canadian Unitarian Council
2011-09-30 Notice of appearance, Grant Scharfstein and Deirdre Aldcorn will be present at hearing Saskatchewan Human Rights Commission
2011-09-30 Correspondence received from, R.K. Agarwal by fax, re.: request 2 reserved seats at the hearing Christian Legal Fellowship
2011-09-29 Notice of appearance, David Matas will be present at hearing Canadian Bar Association
2011-09-29 Notice of appearance, Thomson Irvine will be present at hearing Attorney General for Saskatchewan
2011-09-29 Notice of appearance, David Kamal will be present at the hearing Attorney General of Alberta
2011-09-28 Notice of appearance, Philip Tunley and Paul J. Saguil will be present at the hearing Canadian Journalists for Free Expression
2011-09-28 Notice of appearance, Philippe Dufresne will be present at hearing Canadian Human Rights Commission
2011-09-28 Notice of appearance, Audrey Dean and Henry S. Brown, Q.C. will be present at hearing Alberta Human Rights Commission
2011-09-28 Notice of appearance, Cynthia Petersen and Christine Davies will be present at the hearing Egale Canada Inc.
2011-09-26 Correspondence received from, Thomas Schuck dated September 26, 2011. Re: Allocation of time William Whatcott
2011-09-23 Correspondence received from, A. Chowdhury by fax, re.: request for 2 reserved seats at the hearing Unitarian Congregation of Saskatoon and Canadian Unitarian Council
2011-09-23 Notice of appearance, Kathleen Mahoney and Jo-Ann Kolmes will be present at hearing Women's Legal Education and Action Fund
2011-09-23 Notice of appearance, Ben Millard will be present at hearing United Church of Canada
2011-09-23 Notice of appearance, Don Hutchinson, Faye Sonier and Andre Schutten will be present at hearing Evangelical Fellowship of Canada
2011-09-22 Notice of appearance, Mark A. Gelowitz and Jason MacLean will be present at hearing Canadian Constitution Foundation
2011-09-22 Correspondence received from, Gowling by email, re.: request for 1 reserved seat at the hearing Canadian Civil Liberties Association
2011-09-19 Notice of appearance, Tony Griffin will be present at hearing Ontario Human Rights Commission
2011-09-19 Notice of appearance, Andrew K Lokan and Jodi Martin will be present at hearing Canadian Civil Liberties Association
2011-09-16 Correspondence received from, Mr. Irvine dated Sept. 15/11 re: correction to factum of the respondent AGSASK (sent to the Court Sept. 21/11) Attorney General for Saskatchewan
2011-09-15 Correspondence received from, T.A. Schuck by fax, re.: request for extra reserved seats at the hearing William Whatcott
2011-09-15 Order by, Abe, FURTHER TO THE ORDER dated June 10, 2011, granting leave to intervene to the Canadian Human Rights Commission, the Canadian Bar Association, the Christian Legal Fellowship, the Evangelical Fellowship of Canada, and the Canadian Jewish Congress;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are granted permission to present oral argument not exceeding five (5) minutes each at the hearing of this appeal.
Granted
2011-09-15 Order by, Abe, FURTHER TO THE ORDER dated June 10, 2011, granting leave to intervene to the Unitarian Congregation of Saskatoon and Canadian Unitarian Council, the Women's Legal Education and Action Fund, the Northwest Territories Human Rights Commission and Yukon Human Rights Commission, the League for Human Rights of B'nai Brith, the Assembly of First Nations, the Federation of Saskatchewan Indian Nations and the Métis Nation-Saskatchewan, and the African Canadian Legal Clinic;
IT IS HEREBY FURTHER ORDERED THAT the said interveners’ factums will be considered without the need for oral argument.
Granted
2011-09-15 Order by, Abe, FURTHER TO THE ORDER dated June 10, 2011, granting leave to intervene to the Alberta Human Rights Commission, Egale Canada Inc., the Ontario Human Rights Commission, the United Church of Canada, the Canadian Journalists for Free Expression, the Canadian Civil Liberties Association, the Canadian Constitution Foundation, and the Catholic Civil Rights League and Faith and Freedom Alliance;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are granted permission to present oral argument not exceeding ten (10) minutes each at the hearing of this appeal.
Granted
2011-09-15 Order on motion for additional time to present oral argument, by ABELLA J.
2011-09-15 Decision on motion for additional time to present oral argument, Abe, UPON APPLICATION by counsel on behalf of the respondent, William Whatcott, for an order extending the amount of time allotted for oral argument;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The respondent is entitled to one hour of oral argument as provided in the Rules of the Supreme Court of Canada.
Dismissed
2011-09-15 Submission of motion for additional time to present oral argument, Abe
2011-09-09 Order on motion to extend time, By Lebel J.
2011-09-09 Decision on motion to extend time, LeB, to serve and file the Factum and Book of Authorities of the respondent, Attorney General of Saskatchewan, to July 19, 2011 and present oral argument at the hearing of this appeal.
Granted
2011-09-09 Submission of motion to extend time, LeB
2011-09-09 Response to the motion for additional time to present oral argument, (Letter Form), Completed on: 2011-09-09 Saskatchewan Human Rights Commission
2011-09-02 Correspondence received from, Mr. Schuck dated Aug. 31/11 and rec'd by fax re: motion for oral argument William Whatcott
2011-09-02 Motion for additional time to present oral argument, Paper Form - fees rec'd Sept. 19/11, Completed on: 2011-09-19 William Whatcott
2011-08-29 Notice of hearing sent to parties
2011-08-11 Notice of appearance, T.A. Schuck, John Carpay, Daniel Mol and Iain Thomson will be present at the hearing William Whatcott
2011-08-11 Correspondence received from, T.A. Schuck by fax (original rec'd Aug. 18/11), re.: request for reserved seats at the hearing William Whatcott
2011-08-09 Response to motion to extend time, (Letter Form), Completed on: 2011-08-09 Saskatchewan Human Rights Commission
2011-08-05 Intervener's book of authorities, Completed on: 2011-08-05 Canadian Jewish Congress
2011-08-05 Intervener's book of authorities, (2 volumes), Completed on: 2011-08-05 African Canadian Legal Clinic
2011-08-05 Intervener's factum, Completed on: 2011-08-05 African Canadian Legal Clinic
2011-08-05 Intervener's book of authorities, Completed on: 2011-08-05 Christian Legal Fellowship
2011-08-05 Intervener's factum, (cd rec'd Aug.8/11), Completed on: 2011-08-05 Christian Legal Fellowship
2011-08-05 Intervener's factum, Completed on: 2011-08-05 Canadian Jewish Congress
2011-08-05 Intervener's book of authorities, Completed on: 2011-08-11 Catholic Civil Rights League and Faith and Freedom Alliance
2011-08-05 Intervener's factum, Service missing (rec`d Aug.8/11), Completed on: 2011-08-11 Catholic Civil Rights League and Faith and Freedom Alliance
2011-08-05 Intervener's book of authorities, Completed on: 2011-08-05 Northwest Territories Human Rights Commission and Yukon Human Rights Commission
2011-08-05 Intervener's factum, Completed on: 2011-08-05 Northwest Territories Human Rights Commission and Yukon Human Rights Commission
2011-08-05 Intervener's book of authorities, Completed on: 2011-08-05 Women's Legal Education and Action Fund
2011-08-05 Intervener's factum, Completed on: 2011-08-05 Women's Legal Education and Action Fund
2011-08-05 Intervener's book of authorities, Completed on: 2011-08-05 League for Human Rights of B'nai Brith Canada
2011-08-05 Intervener's factum, Completed on: 2011-08-05 League for Human Rights of B'nai Brith Canada
2011-08-05 Intervener's book of authorities, Completed on: 2011-08-05 Canadian Journalists for Free Expression
2011-08-05 Intervener's factum, Completed on: 2011-08-05 Canadian Journalists for Free Expression
2011-08-05 Intervener's book of authorities, Completed on: 2011-08-05 Canadian Civil Liberties Association
2011-08-05 Intervener's factum, Completed on: 2011-08-05 Canadian Civil Liberties Association
2011-08-05 Intervener's book of authorities, Completed on: 2011-08-05 United Church of Canada
2011-08-05 Intervener's factum, Completed on: 2011-08-05 United Church of Canada
2011-08-05 Intervener's factum, Completed on: 2011-08-05 Canadian Bar Association
2011-08-05 Intervener's book of authorities, Completed on: 2011-08-05 Egale Canada Inc.
2011-08-05 Intervener's factum, Completed on: 2011-08-05 Egale Canada Inc.
2011-08-05 Intervener's book of authorities, Completed on: 2011-08-05 Unitarian Congregation of Saskatoon and Canadian Unitarian Council
2011-08-05 Intervener's factum, Completed on: 2011-08-05 Unitarian Congregation of Saskatoon and Canadian Unitarian Council
2011-08-04 Intervener's book of authorities, Completed on: 2011-08-04 Ontario Human Rights Commission
2011-08-04 Intervener's factum, Completed on: 2011-08-04 Ontario Human Rights Commission
2011-08-04 Intervener's book of authorities, (2 volumes), Completed on: 2011-08-04 Canadian Constitution Foundation
2011-08-04 Intervener's factum, Completed on: 2011-08-04 Canadian Constitution Foundation
2011-08-04 Intervener's book of authorities, Completed on: 2011-08-04 Alberta Human Rights Commission
2011-08-04 Intervener's factum, Completed on: 2011-08-04 Alberta Human Rights Commission
2011-08-04 Intervener's book of authorities, Completed on: 2011-08-04 Evangelical Fellowship of Canada
2011-08-04 Intervener's factum, Completed on: 2011-08-04 Evangelical Fellowship of Canada
2011-08-03 Intervener's book of authorities, (2 volumes), Completed on: 2011-08-03 Assembly of First Nations, Federation of Saskatchewan Indian Nations and Métis Nation-Saskatchewan
2011-08-03 Intervener's factum, Completed on: 2011-08-03 Assembly of First Nations, Federation of Saskatchewan Indian Nations and Métis Nation-Saskatchewan
2011-08-02 Intervener's book of authorities, Completed on: 2011-08-02 Canadian Human Rights Commission
2011-08-02 Intervener's factum, Completed on: 2011-08-02 Canadian Human Rights Commission
2011-07-22 Appeal hearing scheduled, 2011-10-12, (start time 9:00am)
Judgment reserved
2011-07-19 Motion to extend time, to serve and file the A.G. of Saskatchewan's factum and book of authorities to July 19/11 and to present oral argument at the hearing of the appeal - draft order rec'd Sept. 8/11, Completed on: 2011-07-19 Attorney General for Saskatchewan
2011-07-18 Respondent's book of authorities, Extension of time granted Sept. 9/11, Completed on: 2011-07-18 Attorney General for Saskatchewan
2011-07-18 Respondent's factum, Extension of time granted Sept. 9/11, Completed on: 2011-09-14 Attorney General for Saskatchewan
2011-06-28 Notice of withdrawal, of intervention of the Attorney General of Canada (rec'd by fax) (sent to the judges June 28/11) Attorney General of Canada
2011-06-10 Order on motion for leave to intervene, (BY ABELLA J.)
2011-06-10 Order on motion for leave to intervene, (BY ABELLA J.)
2011-06-10 Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Association for Reformed Political Action Canada for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene by the Association for Reformed Political Action Canada is dismissed
Dismissed
2011-06-10 Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Alberta Human Rights Commission, Egale Canada Inc., the Ontario Human Rights Commission, the Canadian Human Rights Commission, the United Church of Canada, the Unitarian Congregation of Saskatoon and Canadian Unitarian Council, the Women's Legal Education and Action Fund, the Canadian Journalists for Free Expression, the Canadian Bar Association, the Northwest Territories Human Rights Commission and Yukon Human Rights Commission, the Christian Legal Fellowship, the League for Human Rights of B'nai Brith Canada, the Evangelical Fellowship of Canada, the Canadian Civil Liberties Association, the Canadian Constitution Foundation, the Assembly of First Nations, the Federation of Saskatchewan Indian Nations and the Métis Nation-Saskatchewan, the Catholic Civil Rights League and Faith and Freedom Alliance, the African Canadian Legal Clinic and the Canadian Jewish Congress for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene of the Canadian Jewish Congress is granted.
The motions for leave to intervene of the Alberta Human Rights Commission, Egale Canada Inc., the Ontario Human Rights Commission, the Canadian Human Rights Commission, the United Church of Canada, the Unitarian Congregation of Saskatoon and Canadian Unitarian Council, the Women's Legal Education and Action Fund, the Canadian Journalists for Free Expression, the Canadian Bar Association, the Northwest Territories Human Rights Commission and Yukon Human Rights Commission, the Christian Legal Fellowship, the League for Human Rights of B'nai Brith Canada, the Evangelical Fellowship of Canada, the Canadian Civil Liberties Association, the Canadian Constitution Foundation, the Assembly of First Nations, the Federation of Saskatchewan Indian Nations and the Métis Nation-Saskatchewan, the Catholic Civil Rights League and Faith and Freedom Alliance, the African Canadian Legal Clinic and the Canadian Jewish Congress are granted and the said nineteen groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length.
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) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention
Granted
2011-06-10 Submission of motion for leave to intervene, Abe
2011-05-30 Intervener's book of authorities, Completed on: 2011-05-30 Attorney General of Alberta
2011-05-30 Intervener's factum - AG on constitutional question, Completed on: 2011-05-30 Attorney General of Alberta
2011-05-30 Appeal perfected for hearing
2011-05-26 Respondent's book of authorities, Completed on: 2011-05-26 William Whatcott
2011-05-26 Respondent's record, Completed on: 2011-05-26 William Whatcott
2011-05-26 Respondent's factum, Completed on: 2011-05-26 William Whatcott
2011-05-13 Reply to the motion for leave to intervene, (Letter Form), from Ranjan K. Agarwal dated May 12/11, Completed on: 2011-05-13 Christian Legal Fellowship
2011-05-12 Reply to the motion for leave to intervene, (Letter Form), from M. Philip Tunley dated May 12/11, Completed on: 2011-05-12 Canadian Journalists for Free Expression
2011-05-10 Reply to the motion for leave to intervene, (Letter Form), from Ryan D.W. Dalziel dated May 9/11, Completed on: 2011-05-10 Catholic Civil Rights League and Faith and Freedom Alliance
2011-05-09 Reply to the motion for leave to intervene, (Letter Form), from Albertos Polizogopoulos dated May 9/11, Completed on: 2011-05-09 Association for Reformed Political Action Canada
2011-05-09 Response to the motion for leave to intervene, (Letter Form), from Thomas A. Shuck dated May 3/11 (by all interveners), Completed on: 2011-05-09 William Whatcott
2011-05-09 Response to the motion for leave to intervene, (Letter Form), from Grant J. Scharfstein, Q.C. dated May 6/11 (by all other interveners), Completed on: 2011-05-09 Saskatchewan Human Rights Commission
2011-05-04 Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2011-05-04 Canadian Jewish Congress
2011-05-02 Response to the motion for leave to intervene, (Letter Form), from Grant J. Scharfstein, Q.C. dated May 2/11 (by OHRC and AHRC), Completed on: 2011-05-02 Saskatchewan Human Rights Commission
2011-04-29 Intervener's book of authorities, on motion, Completed on: 2011-04-29 Canadian Journalists for Free Expression
2011-04-29 Intervener's book of authorities, on motion, vol. I to III filed, Completed on: 2011-04-29 African Canadian Legal Clinic
2011-04-29 Motion for leave to intervene, (bookform), Completed on: 2011-04-29 African Canadian Legal Clinic
2011-04-29 Motion for leave to intervene, (bookform), Completed on: 2011-04-29 Catholic Civil Rights League and Faith and Freedom Alliance
2011-04-29 Motion for leave to intervene, (bookform), Completed on: 2011-04-29 Association for Reformed Political Action Canada
2011-04-29 Motion for leave to intervene, (bookform), Completed on: 2011-04-29 Assembly of First Nations, Federation of Saskatchewan Indian Nations and Métis Nation-Saskatchewan
2011-04-29 Motion for leave to intervene, (bookform), Completed on: 2011-04-29 Canadian Constitution Foundation
2011-04-29 Motion for leave to intervene, (bookform), Completed on: 2011-04-29 Canadian Civil Liberties Association
2011-04-29 Motion for leave to intervene, (bookform), Completed on: 2011-04-29 Evangelical Fellowship of Canada
2011-04-29 Motion for leave to intervene, (bookform), Completed on: 2011-04-29 League for Human Rights of B'nai Brith Canada
2011-04-29 Motion for leave to intervene, (bookform), Completed on: 2011-04-29 Christian Legal Fellowship
2011-04-29 Motion for leave to intervene, Completed on: 2011-04-29 Northwest Territories Human Rights Commission and Yukon Human Rights Commission
2011-04-29 Motion for leave to intervene, (bookform), Completed on: 2011-04-29 Canadian Bar Association
2011-04-29 Motion for leave to intervene, (bookform), Completed on: 2011-04-29 Canadian Journalists for Free Expression
2011-04-29 Motion for leave to intervene, (bookform), Completed on: 2011-04-29 Women's Legal Education and Action Fund
2011-04-29 Motion for leave to intervene, (bookform), Completed on: 2011-04-29 Unitarian Congregation of Saskatoon and Canadian Unitarian Council
2011-04-28 Motion for leave to intervene, (bookform), Completed on: 2011-04-28 United Church of Canada
2011-04-28 Motion for leave to intervene, (bookform), Completed on: 2011-04-28 Canadian Human Rights Commission
2011-04-21 Motion for leave to intervene, Completed on: 2011-04-21 Ontario Human Rights Commission
2011-04-20 Motion for leave to intervene, (bokform), Completed on: 2011-04-20 Egale Canada Inc.
2011-04-20 Notice of change of counsel, Jeremie Fournier is now acting as agent replacing Albertos Polizogopoulos William Whatcott
2011-04-18 Motion for leave to intervene, Completed on: 2011-04-18 Alberta Human Rights Commission
2011-04-01 Appellant's book of authorities, (2 VOLUMES), Completed on: 2011-04-01 Saskatchewan Human Rights Commission
2011-04-01 Appellant's record, Completed on: 2011-04-01 Saskatchewan Human Rights Commission
2011-04-01 Appellant's factum, Completed on: 2011-04-01 Saskatchewan Human Rights Commission
2011-02-09 Notice of intervention respecting a constitutional question Attorney General of Alberta
2011-02-08 Notice of intervention respecting a constitutional question Attorney General of Canada
2011-01-12 Notice of constitutional question(s) William Whatcott
2011-01-05 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2011-01-05 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the respondent for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW:
1.Does s. 14(1)(b) of The Saskatchewan Human Rights Code, S.S. 1979, c. S-24.1 infringe s. 2(a) of the Canadian Charter of Rights and Freedoms?
2.If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
3.Does s. 14(1)(b) of The Saskatchewan Human Rights Code, S.S. 1979, c. S-24.1 infringe s. 2(b) of the Canadian Charter of Rights and Freedoms?
4.If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
IT IS FURTHER ORDERED THAT:
The Attorney General of Saskatchewan may serve and file his factum and book of authorities within four weeks after the service of the respondent’s factum.
Granted
2011-01-05 Submission of motion to state a constitutional question, CJ
2010-12-10 Reply to the motion to state a constitutional question, (Letter Form), from Thomas A. Schuck dated Dec. 10/10 (further reply requested by the Court), Completed on: 2010-12-10 William Whatcott
2010-12-08 Correspondence received from, Thomas Schuck dated November 12, 2010. Re: Change of Ottawa agent William Whatcott
2010-12-02 Reply to the motion to state a constitutional question, (Letter Form), from Thomas A. Schuck dated Dec. 1/10, Completed on: 2010-12-02 William Whatcott
2010-11-29 Response to the motion to state a constitutional question, Completed on: 2010-11-29 Attorney General for Saskatchewan
2010-11-29 Response to the motion to state a constitutional question, Completed on: 2010-11-29 Saskatchewan Human Rights Commission
2010-11-23 Motion to state a constitutional question, (Amended motion filed Nov. 26/10), Completed on: 2010-11-23 William Whatcott
2010-11-19 Notice of appeal, Completed on: 2010-11-19 Saskatchewan Human Rights Commission
2010-11-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2010-10-29 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2010-10-29 Judgment on leave sent to the parties
2010-10-28 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 Saskatchewan, Number 1566, 2010 SKCA 26, dated February 25, 2010, is granted with costs in the cause.
Granted, with costs in the cause
2010-06-21 All materials on application for leave submitted to the Judges, CJ Abe Cro
2010-05-17 Applicant's reply to respondent's argument, Service rec'd May 18/10, Completed on: 2010-05-25 Saskatchewan Human Rights Commission
2010-05-13 Respondent's response on the application for leave to appeal, Completed on: 2010-05-13 William Whatcott
2010-05-13 Correspondence received from, T. Irvine dated May 13/10 re: does not take position on leave to appeal but will take position if leave is granted (by fax) Attorney General for Saskatchewan
2010-04-26 Letter acknowledging receipt of a complete application for leave to appeal
2010-04-23 Application for leave to appeal, Completed on: 2010-04-23 Saskatchewan Human Rights Commission

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
Saskatchewan Human Rights Commission Appellant Active

v.

Main parties - Respondents
Name Role Status
Whatcott, William Respondent Active

Other parties

Other parties
Name Role Status
Attorney General for Saskatchewan Intervener Active
Attorney General of Alberta Intervener Active
Canadian Constitution Foundation Intervener Active
Canadian Civil Liberties Association Intervener Active
Canadian Human Rights Commission Intervener Active
Alberta Human Rights Commission Intervener Active
Egale Canada Inc. Intervener Active
Ontario Human Rights Commission Intervener Active
Canadian Jewish Congress Intervener Active
Unitarian Congregation of Saskatoon and Canadian Unitarian Council Intervener Active
Women's Legal Education and Action Fund Intervener Active
Canadian Journalists for Free Expression Intervener Active
Canadian Bar Association Intervener Active
Northwest Territories Human Rights Commission and Yukon Human Rights Commission Intervener Active
Christian Legal Fellowship Intervener Active
League for Human Rights of B'nai Brith Canada Intervener Active
Evangelical Fellowship of Canada Intervener Active
United Church of Canada Intervener Active
Assembly of First Nations, Federation of Saskatchewan Indian Nations and Métis Nation-Saskatchewan Intervener Active
Catholic Civil Rights League and Faith and Freedom Alliance Intervener Active
African Canadian Legal Clinic Intervener Active

Counsel

Party: Saskatchewan Human Rights Commission

Counsel
Grant J. Scharfstein, Q.C.
Deidre L. Aldcorn
Janice E. Gingell
Scharfstein Gibbings Walen & Fisher LLP
500, 111 Second Avenue South
Saskatoon, Saskatchewan
S7K 1K6
Telephone: (306) 653-2838
FAX: (306) 652-4747
Email: gscharfstein@scharfsteinlaw.com
Agent
Eugene Meehan, Q.C.
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca

Party: Whatcott, William

Counsel
Thomas A. Schuck
John Carpay
Iain Benson
Daniel Mol
Nimegeers, Schuck, Wormsbecker & Bobbit
319 Souris Avenue NE
Box 8
Weyburn, Saskatchewan
S4H 2J8
Telephone: (306) 842-4654
FAX: (306) 842-0522
Email: tschuck@nswb.com
Agent
Jérémie Fournier
Vincent Dagenais Gibson LLP
325, Dalhousie Street
Ottawa, Ontario
K1N 7G2
Telephone: (613) 241-2701
FAX: (613) 241-2599

Party: Attorney General for Saskatchewan

Counsel
Thomson Irvine
Attorney General for Saskatchewan
1874 Scarth St - 8th Floor
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6307
FAX: (306) 787-9111
Email: Tom.irvine@gov.sk.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Canadian Constitution Foundation

Counsel
Mark A. Gelowitz
Jason MacLean
Osler, Hoskin & Harcourt LLP
P.O. Box 50
1 First Canadian Place
Toronto, Ontario
M5Z 1B8
Telephone: (416) 862-4743
FAX: (416) 862-6666
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Canadian Civil Liberties Association

Counsel
Andrew K. Lokan
Jodi Martin
Paliare, Roland, Rosenberg, Rothstein, LLP
155 Wellington Street West
35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-4324
FAX: (416) 646-4301
Email: andrew.lokan@paliareroland.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Attorney General of Alberta

Counsel
David N. Kamal
Attorney General of Alberta
9833 - 109 Street
4th Floor
Edmonton, Alberta
T5J 3S8
Telephone: (780) 427-4418
FAX: (780) 425-0307
Email: david.kamal@gov.ab.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Canadian Human Rights Commission

Counsel
Philippe Dufresne
Brian Smith
Canadian Human Rights Commission
344 Slater Street
Canada Building, 9th Floor
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9162
FAX: (613) 993-3089
Email: philippe.dufresne@chrc-ccdp.ca

Party: Alberta Human Rights Commission

Counsel
Audrey Dean
Alberta Human Rights Commission
No. 800 Standard Life Centre
10405 Jasper Avenue
Edmonton, Alberta
T5J 4R7
Telephone: (780) 427-3116
FAX: (780) 422-3563
Email: audrey.dean@gov.ab.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Egale Canada Inc.

Counsel
Cynthia Petersen
Sack Goldblatt Mitchell LLP
1100 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Email: cpetersen@sgmlaw.com
Agent
Kelly Doctor
Sack Goldblatt Mitchell LLP
500- 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: kdoctor@sgmlaw.com

Party: Ontario Human Rights Commission

Counsel
Reema Khawja
Tony Griffin
Ontario Human Rights Commission
Public Intrest Inquiries Branch
180 Dundas street west 8th floor
Toronto, Ontario
M7A 2R9
Telephone: (416) 326-9870
FAX: (416) 326-9867
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: Canadian Jewish Congress

Counsel
Mark J. Freiman
Lerners LLP
130 Adelaide Street West
Suite 2400
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2370
FAX: (416) 867-2453
Email: mfreiman@lerners.ca
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com

Party: Unitarian Congregation of Saskatoon and Canadian Unitarian Council

Counsel
Arif Chowdhury
Fasken Martineau DuMoulin LLP
350-7th Avenue S.W.
Suite 3400
Calgary, Alberta
T2P 3N9
Telephone: (403) 261-5379
FAX: (403) 261-5351
Email: achowdhury@fasken.com
Agent
Stephen B. Acker
Fasken Martineau DuMoulin LLP
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: sacker@fasken.com

Party: Women's Legal Education and Action Fund

Counsel
Joanna L. Birenbaum
Jo-Ann R. Kolmes
Women's Legal Education and Action Fund
703 - 60 St. Clair Ave. E
Toronto, Ontario
M4T 1N5
Telephone: (416) 595-7170 Ext: 223
FAX: (416) 595-7191
Email: j.birenbaum@leaf.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Canadian Journalists for Free Expression

Counsel
M. Philip Tunley
Stockwoods LLP
Royal Trust Building
77 King Street West, Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-7200
FAX: (416) 593-9345
Email: philt@stockwoods.ca
Agent
Colin S. Baxter
Cavanagh Williams Conway Baxter LLP
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com

Party: Canadian Bar Association

Counsel
David Matas
225 Vaughan Street
Suite 602
Winnipeg, Manitoba
R3C 1T7
Telephone: (204) 944-1831
FAX: (204) 942-1494
Email: dmatas@mts.net
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Northwest Territories Human Rights Commission and Yukon Human Rights Commission

Counsel
Shaunt Parthev, Q.C.
Ashley M. Smith
MacPherson Leslie & Tyerman LLP
1500-410 22nd street East
Saskatoon, Saskatchewan
S7K 5T6
Telephone: (306) 975-7100
FAX: (306) 975-7145
Email: sparthev@mlt.com
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca

Party: Christian Legal Fellowship

Counsel
Robert W. Staley
Derek J. Bell
Ranjan K. Agarwal
Bennett Jones LLP
Suite 3400, P.O. Box 130
One First Canadian Place
Toronto, Ontario
M5X 1A4
Telephone: (416) 863-1200
FAX: (416) 863-1716
Email: staleyr@bennettjones.ca
Agent
Sheridan Scott
Bennett Jones LLP
1900 - 45 O'Connor Street
World Exchange Plaza
Ottawa, Ontario
K1P 1A4
Telephone: (613) 683-2302
FAX: (613) 683-2323
Email: scotts@bennettjones.com

Party: League for Human Rights of B'nai Brith Canada

Counsel
Marvin Kurz
Dale, Streiman & Kurz
480 Main St. N.
Brampton, Ontario
L6V 1P8
Telephone: (905) 455-7300
FAX: (905) 455-5848
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Evangelical Fellowship of Canada

Counsel
Donald E.L. Hutchinson
Evangelical Fellowship of Canada
130 Albert Street, Suite 1810
Ottawa, Ontario
K1P 5G4
Telephone: (613) 233-9868 Ext: 330
FAX: (613) 233-0301
Email: hutchd@efc-canada.com
Agent
Jérémie Fournier
Vincent Dagenais Gibson LLP
325, Dalhousie Street
Ottawa, Ontario
K1N 7G2
Telephone: (613) 241-2701
FAX: (613) 241-2599

Party: United Church of Canada

Counsel
Beth Symes
Ben Millard
Symes & Street
133 Lowther Ave
Toronto, Ontario
M5R 1E4
Telephone: (416) 920-3030
FAX: (416) 920-3033
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Assembly of First Nations, Federation of Saskatchewan Indian Nations and Métis Nation-Saskatchewan

Counsel
David M. A. Stack
McKercher LLP
374 Third Avenue South
Saskatoon, Saskatchewan
S7K 1M5
Telephone: (306) 653-2000
FAX: (306) 653-2669
Email: d.stack@mckercher.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Catholic Civil Rights League and Faith and Freedom Alliance

Counsel
Ryan D.W. Dalziel
Erica J. Toews
Bull, Housser & Tupper LLP
900 Howe Street
Suite 900
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 641-4881
FAX: (604) 646-2671
Email: rdd@bht.com
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: African Canadian Legal Clinic

Counsel
Sunil Gurmukh
Moya Teklu
Ed Morgan
African Canadian Legal Clinic
18 King Street East
Suite 901
Toronto, Ontario
M5C 1C4
Telephone: (416) 214-4747 Ext: 26
FAX: (416) 214-4748
Email: gurmuks@lao.on.ca
Agent
Gary Stein
South Ottawa Community Legal Services
406 - 1355 Bank St.
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401

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.

Human rights - Freedom of conscience and religion - Freedom of expression - Freedom from discrimination - Hate propaganda - Respondent distributing flyers containing crude, harsh and demeaning comments about potential sexual practices of same sex partners - Whether the appellate court was correct in holding that the flyers did not violate s. 14(1)(b) of The Saskatchewan Human Rights Code, S.S. 1979, c. S-24.1 (the “Code”) - What is the correct process, and which contextual factors should human rights administrative decision-makers and courts consider, when applying hate propaganda provisions of human rights legislation so that free expression is not unduly limited, the right to be free from discrimination is protected and the State’s obligations to protect citizens from incitement to hate is met - Does “sexual orientation” include sexual practices and, if so, to what extent - Is it possible to “love the sinner, hate the sin” so that hateful messages directed at conduct do not violate hate propaganda provisions of human rights legislation.

The Respondent, on behalf of the Christian Truth Activists, distributed four flyers in the mailboxes of various homes in Saskatoon and Regina in 2001 and 2002. Four persons who received the flyers filed complaints alleging that the material in them “promotes hatred against individuals because of their sexual orientation” in violation of s. 14(1)(b) of the Code. The Applicant appointed a Tribunal to hear the complaints. The Tribunal concluded that the flyers contravened the Code. The Respondent appealed, arguing that he was exercising his right to freedom of expression and freedom of religion and that the flyers do not violate the Code. Alternatively, he argued that if the materials exhibit hate, it is directed towards sexual behaviour, which is not a prohibited ground. If sexual behaviour is a prohibited ground within the meaning of sexual orientation, he argued that it is overbroad and should be inoperative to the extent that it conflicts with s. 4 and 5 of the Code and s. 2 of the Canadian Charter of Rights and Freedoms.

Lower court rulings

December 11, 2007
Court of Queen’s Bench of Saskatchewan

Q.B. 923/2005, 2007 SKQB 450

Responsent's appeal of decision of Saskatchewan Human Rights Tribunal, dismissed
February 25, 2010
Court of Appeal for Saskatchewan

1566, 2010 SKCA 26

Appeal allowed

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.

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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.

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Date modified: 2025-02-27