Supreme Court Of Canada Upholds Hate Speech Provision In Saskatchewan Human Rights Code

Saskatchewan (Human Rights Commission) v. Whatcott, 2013 SCC 11

On February 27, 2013, the Supreme Court of Canada rendered its decision in Saskatchewan (Human Rights Commission) v. Whatcott.Mr. Justice Rothstein delivered the judgment of a unanimous Court upholding, in part, the finding that Mr. Whatcott had distributed flyers containing hateful language, in contravention of the Saskatchewan Human Rights Code, SS 1979, c S024.1 (the Code). The decision also upheld the constitutionality of the Code in the face of a challenge on the basis of the Charter of Rights And Freedoms, Sections 2(a) and (b), freedom of religion and freedom of expression.

The case began with a Saskatchewan Human Rights Tribunal ruling that found Mr. Whatcott's flyers constituted hateful speech, prohibited Mr. Whatcott from distributing such flyers in the future, and ordered him to pay compensation to the complainants.