Supreme Court Of Canada Agrees That Anti-Gay Bill Whatcott Can Challenge Provincial Human Rights Code Definition Of What Constitutes Hate Speech; His Attorney Argues That Traditional Christian Message On Appropriate Sexual Conduct Now Unfairly Categorised As Hate Speech

The Supreme Court of Canada says that Bill Whatcott, who distributed anti-gay pamphlets, can challenge the constitutional validity of the Saskatchewan Human Rights Code, specifically that which allows the commission to charge individuals with hate speech, the Winnipeg Free Press reporting that Whatcott’s attorney, Tom Schuck, arguing that the traditional Christian message on appropriate sexual conduct is now categorised as hate speech, and that human rights commission should remain neutral on issues of morality. “The problem that I have and many others in the Christian community (have), is that this law is being used to charge Christians – Christians who have a different view as to what is right and wrong on sexual behaviour and in particular same-sex sexual behaviour,” said Schuck. “The argument is that our Constitution, the Charter of Rights and Freedoms, gives all Canadian the freedom of speech, freedom of press, freedom of religion. And the utilization of human rights commissions to stop someone from saying that same-sex activity is wrong infringes on all three of those charter rights.” In 2005, Whatcott was found to have violated the Saskatchewan code of human rights when he place pamphlets in private mailboxes objecting to teaching about same sex relationship in the province’s public schools. The pamphlets referred to gay men as sodomites and pedophiles, deemed same sex relationships to be “filthy,” and urged citizens to lobby the government to bar homosexuals from being employed as teachers. Whatcott appealed, arguing that the ruling placed a chill on free speech. In February, 2010, the provincial Court of Appeal ruled in his favour, saying that although the pamphlets may have been crude and offensive, they did neither promoted hate nor stepped outside the boundary of free expression. The Saskatchewan Human Rights Commission appealed that ruling to the Supreme Court of Canada, which said last fall it would consider the commission’s arguments. The appeal is scheduled for October, 2011. There is a danger that a decision in favour of Whatcott would render meaningless each and every provincial human rights commission.