Man behind anti-gay leaflets can fight Sask. law: court

The Supreme Court of Canada says a man who distributed anti-gay pamphlets can challenge the constitutionality of the Saskatchewan Human Rights Code.

Bill Whatcott, a former Saskatchewan resident who now lives in Alberta, is questioning part of the code that allows the province's Human Rights Commission to charge people with hate speech.

Whatcott's lawyer says human rights commissions have an obligation to protect freedom of religion.

Whatcott was found to have violated the code when, in 2001 and 2002, he put pamphlets in mailboxes in Saskatoon, some of them saying schoolchildren in that city were being taught propaganda about gay people.

"Our children will pay the price in disease, death, abuse and ultimately eternal judgment if we do not say no to the sodomite desire to socialize your children into accepting something that is clearly wrong," one of the pamphlets said.

Whatcott, who argued he was opposed to gay activity, not gay people, appealed the ruling, and the Saskatchewan Court of Appeal sided with him.

The commission then asked the Supreme Court for leave to appeal the case further — leave the high court granted on Oct. 26, 2010.