Repeal section 14(1)(b) of the Saskatchewan Human Rights Code, 2018

To jus.minister@gov.sk.ca,

The Honourable Tim McLeod, K.C.

Minister of Justice and Attorney General
Government of Saskatchewan
Room 355, Legislative Building
2405 Legislative Drive
Regina, Saskatchewan, S4S 0B3

Dear Minister McLeod,

RE: Repeal section 14(1)(b) of The Saskatchewan Human Rights Code, 2018

I am writing to urge your government to immediately repeal section 14(1)(b) of The Saskatchewan Human Rights Code, 2018, SS 2018, c S-24.2. This provision gives Saskatchewan’s human rights system broad powers to punish the public expression of opinions by Saskatchewan residents.

Other provisions of the Code prohibit discrimination in employment, education, housing, contracts, public services, and other areas of civic life. Further, section 14(1)(a) prohibits publications and signs that indicate an intention to deny someone a legal right on the basis of a prohibited ground. It therefore addresses discriminatory notices such as “Women need not apply” or “Jews not welcome here.”

Section 14(1)(b) is fundamentally different. It targets publications that expose or tend to expose a person or class of persons to hatred on the basis of a prohibited ground. It can therefore be used to prosecute and punish Saskatchewan residents for publicly expressing opinions on moral, social, and political issues. This is not about preventing discrimination in housing, employment, or the provision of goods and services.

Section 14(1)(b) of The Saskatchewan Human Rights Code restricts freedom of expression rather than discriminatory conduct. It empowers Saskatchewan’s human rights system to punish citizens for expressing opinions on matters of public interest, i.e., for exercising the freedom of expression protected by the Canadian Charter of Rights and Freedoms.

As you know, Saskatchewan’s human rights system ordered Hugh Owens of Saskatoon to pay $4,500 to three complainants who objected to a newspaper advertisement that cited Bible verses condemning homosexual conduct. The Saskatchewan Court of Appeal ultimately overturned the ruling, but only after Mr. Owens had endured enormous stress and incurred significant legal expenses.

Using a law similar to section 14(1)(b), the British Columbia Human Rights Tribunal ordered former Chilliwack school board trustee Barry Neufeld to pay $750,000 to various teachers for challenging the imposition of gender ideology on children.

I therefore urge you and all Members of the Legislative Assembly of Saskatchewan to support the immediate repeal of section 14(1)(b) of The Saskatchewan Human Rights Code so that speech in Saskatchewan will be free once more.

Sincerely,