The Supreme Court of Canada has upheld provisions against hate speech in the Saskatchewan Human Rights Code, but stuck down some of the code's wording in the case of William Whatcott against the Saskatchewan Human Rights Commission.
The court found that most of the code is constitutional. Although the legislation infringes the rights to free expression and free religion, the court is allowing most of it as reasonable limits.
The court struck down the part of the legislation that includes speech that "ridicules, belittles or otherwise affronts the dignity." The court found those words are not rationally connected to the objective of protecting people from hate speech. The court left in the ban on speech that exposes or tends to expose person or group of persons to hatred.
The Saskatchewan Human Rights Commission had appealed a court decision that overturned its original ruling against Whatcott, who published and distributed four anti-gay flyers in towns and cities in Saskatchewan in 2001 and 2002. Four people filed complaints with the commission over the flyers.
Whatcott's flyers used words like "filth," "propaganda" and "sodomy" to describe gay relationships and the discussion of equality.
Saskatchewan law prohibits publishing or broadcasting anything that "exposes or tends to expose to hatred, ridicules, belittles or otherwise affronts the dignity of any person or class of persons on the basis of a prohibited ground."
The Supreme Court of Canada's decision was unanimous.
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