The appellants challenged the constitutionality of s. 13(1) of the Canadian Human Rights Act after repeated antisemitic recorded telephone messages led to a human rights cease and desist order and contempt proceedings.
The Supreme Court held that the provision infringed freedom of expression under s. 2(b), but the majority found the infringement justified under s. 1 because the objective of preventing harm caused by hate propaganda and promoting equality was pressing and substantial.
The majority also held that the tribunal order was sufficiently clear and that any apprehension of bias challenge had been waived and could not be raised collaterally in contempt proceedings.
The appeal was dismissed, with a partial dissent that would have struck down the provision while still upholding the contempt convictions.
