2 total
The Supreme Court upheld a provincial hate speech prohibition while severing overbroad language, and found two anti-homosexual flyers contravened the provision.
The appellant human rights commission appealed a Court of Appeal decision reversing a tribunal finding that the respondent's flyers contravened the provincial hate speech prohibition.
The Supreme Court of Canada upheld the constitutionality of the Saskatchewan Human Rights Code's prohibition on hate publications but struck the words "ridicules, belittles or otherwise affronts the dignity of" as not rationally connected to the legislative objective and not minimally impairing of Charter-protected expression.
The Court confirmed the modified Taylor definition of "hatred" as restricted to "detestation" and "vilification" and reinstated the tribunal's findings with respect to two of four flyers, while agreeing that two other flyers did not meet the threshold.
Refusal to print for gay organization was discriminatory; remedial order amended to protect religious beliefs.
The appellants, a commercial printer and its president, refused to print letterhead and business cards for the Canadian Lesbian and Gay Archives due to the president's religious beliefs regarding homosexuality.
A Board of Inquiry found this constituted discrimination based on sexual orientation and ordered the appellants to provide printing services to gays, lesbians, and their organizations.
On appeal, the Divisional Court upheld the finding of discrimination but found the Board's order overly broad, as it could compel the printing of materials directly conflicting with the president's core religious beliefs.
The Court amended the order to exempt the appellants from printing materials that reasonably conflict with the core elements of the president's religious beliefs, while affirming the order in all other respects.
