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Whatcott v. Saskatchewan Human Rights Tribunal

Freedom of Speech on Trial

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William Whatcott is a social conservative activist who up until recently, lived in Saskatchewan. Between 2001 and 2002, as part of his activism, he distributed numerous flyers in both Regina and Saskatoon.  These flyers bore titles like "Keep Homosexuality out of Saskatoon's Public Schools" and "Sodomites in our Public Schools."

His flyers espoused a "fire and brimstone" message with regards to teaching children in public schools about homosexuality. It should come as no surprise that people found his flyers offensive. But instead of throwing out his flyers, as most would be inclinded to do, four members of the offended filed a complaint against Mr. Whatcott at the Saskatchewan Human Rights Tribunal.

The Tribunal ruled that Mr. Whatcott had voilated Saskatchewan's Human Rights Code, and they ordered him to pay $17,500 in damages to the four offended persons and to never again distribute the same or similar flyers.

On the surface, it would seem that justice was served.  The offended complainants received restitution for the insult of Mr. Whatcott's flyers.  But the implications of a decision like this are enormous. 

The flyers Mr. Whatcott distributed, regardless of their content, are a form of expression.  The Canadian Charter of Rights and Freedoms, Section 2(b) gaurantees Freedom of Expression to all Canadians.  The Tribunal's decision, placed a constraint on Mr. Whatcott's freedom of expression, and as such, violated his constitutional rights.

The Canadian Constitution Foundation does not take any position on the content of the materials distributed by Mr. Whatcott. We believe it is the right of every Canadian to freely and peacefully express themsevles without fear of censorship or persecution.  Free expression is the lifeblood of democracies and all forms of expression, especially the ofensive kind, needs to be protected.