Saskatchewan

      As noted in Rory Leishman’s April 2010 article (“Saskatchewan Human Rights Commission, overruled again, C.I., p. 12), pro-life activist, William Whatcott won his case at the Saskatchewan Court of Appeal. In a Feb. 25, 2010, ruling the Court struck down the fines and gag order imposed in 2005 on Whatcott by the Saskatchewan Human Rights Tribunal (HRT) and upheld at his first appeal to the Saskatchewan Court of Queen’s Bench in 2007. Whatcott had been charged in connection with his objections to the homosexual content in the local school curriculum. C.I., is now informed that the Saskatchewan H.R.C. is seeking leave to appeal the Court of Appeal’s decision to the Supreme Court of Canada.

      Another case ongoing is that of marriage commissioner Orville Nichols fined $2500 in 2008 for refusing to marry two “gay” men because of his religious convictions, a ruling also upheld by the Saskatchewan Court of Queen’s Bench. The case then went forward to the Court of Appeal which on May 18 reserved its decision, promising a later written ruling on the question of the conscience rights of provincial marriage commissioners.

      The basic premise to be considered is the balancing of the personal rights of “gay” people and the religious rights of the commissioners.

      Perhaps as a consequence of such cases as these, Saskatchewan’s Justice Minister has made the suggestion that the province could dissolve the HRT and delegate future HRC cases to the Court of Queen’s Bench. An idea whose time is overdue.

Ontario

      In 2008, the Ontario HRT fined Christian Horizons (CH), an Evangelical organization for the care of the handicapped, for firing employee Connie Heintz. This woman had entered into a lesbian relationship after making a promise to observe the group’s morality code.

      CH appealed the decision (in Ontario’s regular court) on the grounds that the ruling impeded them from continuing their work as a faith-based organization. This appeal was upheld in a May 17, 2010, decision of the Ontario Divisional Court.

      The Court also upheld the agency’s right to require employee compliance with their lifestyle and morality codes. However, a statement from Christian Horizons indicated that they had already dropped these. The statement also thanked CH’s supporters and affirmed its dedication to its ministry with the developmentally disabled.

      Watch out for the HRT to challenge this decision in a higher court!

Alberta

Alberta evangelical youth pastor, Stephen Boission, wrote a letter in 2002 to his local newspaper critical of homosexual education programs. This resulted in the Alberta HRT sentencing him to a $5000 fine and a gag order. He was also required to make a public apology to the complainant, Darren Lund,  a Calgary teacher and self-appointed human rights champion.

      Rev. Boisson’s appeal of the decision was decided in his favour on Dec. 3, 2009, by the Alberta Court of Queen’s Bench which declared the penalties against him “illegal.” However, such inveterate activists as Mr. Lund are hard to squash, particularly as his legal costs in the initial case against Rev. Boissoin were covered 100% by the government (as is the case with all complaints to the HRC’s). Rev. Boissoin and his supporters have had to raise $200,000 themselves in his defence. (See a similar case against our Editor, Father de Valk)