Order compelling printer to serve gay organization justified under s. 1 despite freedom of religion.
The Board of Inquiry previously found that the respondents discriminated against the complainants on the basis of sexual orientation by refusing to provide printing services to the Canadian Lesbian and Gay Archives.
In this decision on remedy, the respondents argued that an order compelling them to provide such services would violate the individual respondent's freedom of religion under s. 2(a) of the Charter.
Applying the Oakes test, the Board held that while the order would infringe the respondent's freedom of religion, the limit was demonstrably justified under s. 1 of the Charter to achieve the pressing and substantial objective of eradicating discrimination in the provision of public services.
The Board ordered the respondents to provide the printing services and to pay $5,000 in damages for injury to dignity and self-respect.
Ray Brillinger and the Canadian Lesbian and Gay Archives v. Scott Brockie and Imaging Excellence Inc., 2000 CanLII 20856
