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Saskatchewan Human Rights Commission v Whatcott : ウィキペディア英語版 | Saskatchewan Human Rights Commission v Whatcott
is a Canadian constitutional law case concerning the constitutionality of the hate speech provision in Saskatchewan's human rights legislation. == Background ==
Four complainants brought an application to the Saskatchewan Human Rights Commission receiving flyers entitled "Keep Homosexuality out of Saskatoon's Public Schools!" and "Sodomites in our Public Schools" from Christian anti-homosexual activist Bill Whatcott. The complainants alleged a violation of section 14 of ''The Saskatchewan Human Rights Code'' (''SHRC''), which prohibits "publication or display of any representation 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".〔SCC, par. 3〕 Sexual orientation was one such prohibited ground. A Saskatchewan human rights tribunal heard the case, holding that the contents of each flyer objectively contravened section 14 of the ''SHRC'', and that the provision did not unreasonably restrict Whatcott's section 2(b) ''Charter'' rights.〔SCC, par. 9–10〕 The Tribunal prohibited Whatcott from further distributing the flyers and awarded compensation to the complainants.〔SCC, par. 11〕 Upon judicial review to the Saskatchewan Court of Queen's Bench in 2007, the trial judge upheld the Tribunal's findings with respect to the violation of section 14 of the ''SHRC'' and its constitutionality.〔SCC, par. 13–14〕 In 2010, the case was appealed to the Saskatchewan Court of Appeal. The court held that the tribunal and the trial judge had erred by considering only certain phrases from the flyers and that the flyers were not a prohibited hate publication.〔SCC, par. 15–18〕
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