A critical case that pits freedom of religion and expression against the right of homosexuals not to be discriminated has come before the Canadian Supreme Court.
William Whatcott, a man who engaged in same-sex activities before finding religion and joining the Christian Truth Activists, was ordered by the Saskatchewan Human Rights Commission to pay $17,500 to four individuals who were offended by a pair of pamphlets he distributed in 2001 and 2002 in Regina and Saskatoon.
One flyer expressed his opposition to teaching children about homosexuality in public schools, while the other attacked homosexual behaviour, drawing on a personal ad in a gay magazine that appeared to promote pedophilia.
Whatcott appealed the decision and won, but in a bid to have the original decision reinstated, the commission will argue Wednesday that there are limits to freedom of expression.
“As Canadians, we understand that there is a justifiable and narrow limit on the freedom of expression when it has the potential to harm others in the community,” David Arnot, chief commissioner with the Saskatchewan Human Rights Commission, said Wednesday.
“In the case of public speech, where expression has the real potential to escalate and expose a target group to hate, we have a responsibility to act.”
Arnot said he will argue that Whatcott’s words and behaviour “crossed the line between critical speech and hateful speech” and that his case would “speak to the power of words to maim and the need for protection from the most extreme, hate-filled and destructive forms of public speech.”
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