Freedom Of Expression Under Charter Framework - 1643 Words

Another important Supreme Court case that examined the reasonable limits on freedom of expression is R v. Whatcott. The Whatcott ruling also challenged the jurisdictional issues of free speech. William Whatcott, a Christian activist who advocated strongly against homosexuality and same sex marriage. Whatcott distributed several flyers in Saskatchewan that discussed political, social and moral issues. Many of these flyers heavily denouncing homosexuality using strong offensive language denouncing homosexuality. The public distribution of these anti homosexual flyers put Whatcott under a great amount of scrutiny by the Saskatchewan Human Rights Commission. The Saskatchewan Human Rights Commission found that Whatcott violated section 14 of the human rights code which states no one shall publish or distribute material that promotes hatred of any group of people. Whatcott’s activities were ruled as hate speech against homosexuals and was ordered to pay compensation to his complaina nts. After this case was appealed several times it was eventually heard by the Supreme Court. The question and arguments of the R v. Whatcott decision was whether human rights tribunals should be allowed restrict freedom of expression under Charter framework. (Schutten and Haigh:3-5) However, there was a golden opportunity that was missed to define the jurisdiction between political expression and hate speech. The Supreme Court could have looked at past precedent cases and Supreme Court doctrines, butShow MoreRelatedThe Canadian Charter Of Rights And Freedoms840 Words   |  4 PagesThe Canadian Charter of Rights and Freedoms is an important milestone in Canadian history. An effort through rigorous debate and compromise gave birth to this document that defines our collective values and principles by guaranteeing and protecting the fundamental rights of its citizens. Prior to the Charter, there was no gurantee in Canada that rights and freedoms would not be taken away by legislation . 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