SASKATOON – The Supreme Court of Canada will be handing down its ruling on Wednesday in a freedom of expression case between the Saskatchewan Human Rights Commission and Bill Whatcott.
Whatcott was originally charged under the province’s human rights code for distributing flyers in 2001 and 2002 that called gay men sodomites and pedophiles who spread filth and disease.
The commission found the flyers were in violation of the code as it promoted hatred against people due to their sexual orientation.
Whatcott appealed the decision to the Saskatchewan Court of Appeal, which reversed the ruling in 2010.
Saskatchewan’s highest court said the publications did not offend the code under protection found in it for freedom of expression.
The ruling tomorrow will determine whether parts of Saskatchewan’s Human Rights Code violate parts of Canada’s Charter of Rights and Freedoms.
The Association for Reformed Political Action says there is a lot at stake in the ruling for freedom of expression in Canada.
“This decision has the power to reign in the as yet unchecked power of provincial human rights commissions and tribunals to censor unpopular opinions,” said Andre Schutten, a lawyer with the group.
“Whatcott may not represent our views; in fact, we may completely disagree with him. But he does represent each Canadian in that he, like all of us, has a right to engage in public policy debate.”
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