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.
