Brody's Notes... Saskatchewan's Top Court Overturns Human Rights Tribunal Decision

The Court of Appeal for Saskatchewan and the Regina Court of Queen's Bench, in downtown Regina.            Photo By CBC

By Brody Levesque (Bethesda, Maryland) Feb 27 | Saskatchewan's Court of Appeal has ruled that Anti-Gay & Pro-Life conservative activist Bill Whatcott, did not violate the province's human rights code by distributing four flyers under the name of Christian Truth Activists. He placed them in mailboxes at various homes in Saskatoon and Regina in 2001 and 2002.  

Four persons who received these flyers at their home addresses filed complaints alleging the material in the flyers “promotes hatred against individuals because of their sexual orientation.”

The Saskatchewan Human Rights Commission appointed a human rights Tribunal (“Tribunal”) to hear those complaints and it concluded Whatcott’s four flyers contravened the provincial Human Rights Code. [sec.14(1)(b) of The Saskatchewan Human Rights Code] The appeal of the Tribunal decision was dismissed by the Court of Queen’s Bench. However, the Court of Appeal overturned those previous rulings, stating: 

"Context is of particular importance when considering complaints based on sexual orientation and the impact on freedom of expression," the judges wrote. "It is acceptable, in a democracy, for individuals to comment on the morality of another's behaviour. ..."Anything that limits debate on the morality of behaviour is an intrusion on the right to freedom of expression."

Whatcott admits that the language he uses in his flyers is blunt and forthright, but contends he was exercising his right to freedom of expression and freedom of religion. Whatcott does not use the language of polite or informed social discourse.

Many people would find some of the words he uses in his flyers to be crude, offensive and pejorative," noted Justice Darla Hunter.

But Hunter said the previous rulings erred by not taking into account Whatcott's right to freedom of expression. 

The Canadian Civil Liberties Association & the Canadian Constitution Foundation intervened in the case praising the court's decision as a victory for free speech although a statement released by the CCLA did state; 

"While strongly repudiating Mr Whatcott's statements, CCLA nonetheless believes that a strong democracy must have a high degree of tolerance for debates about moral issues, even when expressed in polemical terms, provided the speaker does not engage in violence, incitement to violence, or threats."

Whatcott who campaigns against homosexuality & abortion is known for the dramatic nature of his activities, which have attracted attention from Canadian & International media.

He was born in Ontario and spent his youth in a number of foster homes, where he reports having been physically and mentally abused. At the age of 14 he went to live on the street. By the age of 18 he claims to have had an addiction to sniffing glue and supporting himself through theft and work as a Gay prostitute.

According to his publications and autobiographical writings, he reports having found God at age 18 which "transformed" his life. He spent time in jail and a group home, and the latter helped him enroll in nursing school where he was granted his nursing licence from the Ontario College of Nurses.

Whatcott relocated to Regina, Saskatchewan, where he expanded his public campaign against abortion and homosexuality, with his stated goal to make both activities illegal. One of his most notable activities has been to travel to different Canadian cities and place graphic flyers in mailboxes. These include flyers with images of dismembered fetuses and flyers with pictures of diseases allegedly caused by gay sex. He also has protested at gay pride celebrations and outside abortion clinics. 
On occasion he has also taken up other causes, including distributing flyers describing the Muslim Prophet Muhammad as "a man of violence" with images of a beheaded Indonesian girl.  In 2001 he held a Heterosexual Pride Day parade in Regina. After the event turned out to be focused on anti-homosexual displays and speeches the city did not approve the event in subsequent years. The graphic nature of his literature, and his protests have gotten him in repeated legal trouble.

He has been arrested six times in Saskatchewan, but never convicted of any charge He has also been arrested once in the United States and 20 times in Ontario and successfully prosecuted twice for violating the bubble zone around abortion clinics in Toronto. The injunction bars all prayers and protests from within 60 feet (18 m) of any abortion clinic. On Sept 2 1994, he was successfully convicted for the first time, receiving a 6 month stint in jail for violating the injunction at Scott's abortion clinic in Toronto by protesting at the clinic's entrance.