Canadian Constitution Foundation

Boissoin v. Lund

Reasons for Judgement

Hon. Mr. Justice E.C. Wilson

Alberta Court of Queen’s Bench Justice E.C. Wilson set aside the Panel’s order against Reverend Boissoin, ruling that Reverend Boissoin did not violate the section 3(1)(b) of the legislation. Accordingly, the Order against Reverend Boissoin, that he pay $5,000 to Professor Lund and that he refrain from making “disparaging remarks” about homosexuals, is no longer in force.

The Canadian Constitution Foundation (CCF) intervened in Boissoin v. Lund to argue that the legislation itself violated Canada’s constitution, because provinces do not have the constitutional authority to restrict free speech on matters of public policy. Justice Wilson rejected this argument.

Justice Wilson also held that section 3(1)(b) does not violate the Canadian Charter of Rights and Freedoms, following the Supreme Court of Canada 1990 decision in Taylor v. Canadian Human Rights Commission.