Gay activists had expected the court to uphold the ruling of the Ontario Human Rights Tribunal TORONTO, June 27, 2002 (LSN.ca) - Legal experts have a very different perspective on the ruling in the case of Toronto Christian printer Scott Brockie who refused a printing job for a homosexual activist organization. As LifeSite reported, the Ontario Divisional Court ruling maintained the Human Rights Tribunal fine of $5,000 that Brockie must pay to the homosexual activist group. Over and above significant donations to his defence fund, Brockie has had to personally pay $100,000 for his defence costs. However, legal experts suggest that the case represents a significant victory for conscience and religious rights. While the Ontario human rights code stated that everyone had to provide services to groups without discrimination and without exemption, the ruling creates an exemption if the subject or content of material goes against ones core religious beliefs.
Homosexual activists in the case fully expected the court to uphold the ruling of the Ontario Human Rights Tribunal in the case. The Tribunal forbade Brockie from refusing to print any material no matter how offensive to his faith. Iain Benson, a constitutional law expert and one of Brockie’s lawyers in the case, explained that the “panel of judges in the case unanimously ruled the OHRT wrong.” Benson warned that in future it should be understood that persons with religious or conscience convictions should make inquiries as to the nature of the organization to which they are being asked to provide goods and/or services. He noted that the courts require that a person of conscience or religious conviction substantiate with evidence their decision to discriminate and not act on assumptions, no matter how correct.
The court ruled that Brockie could not refuse to print letterhead and business cards for the group despite the fact that the group espouses “causes or activities clearly repugnant” to his fundamental religious tenets. Benson referred to that part of the ruling as an element which is “undeveloped and inconsistent with the general finding.” He said, “Christians should be able to refuse jobs with obscene logos or terminology such as godhatesfags.com. I wouldn’t print that as a Christian.” said Benson. Brian Rushfeldt, President of the Canada Family Action Coalition, told LifeSite “what kind of a victory is it when a guy has to mortgage his house to pay his legal bills.” Rushfeldt noted that while getting the OHRT to be altered may be positive, the ruling still infringes on Brockie’s religious freedom and freedom to base his decisions on his conscience. See related LifeSite coverage: CHRISTIAN PRINTER CONSIDERS APPEALING COURT RULING ON RELIGIOUS FREEDOM http://www.lifesite.net/ldn/2002/jun/02062601.html MIXED REACTION TO RULING ON HOMOSEXUALS VS CHRISTIAN PRINTER http://www.lifesite.net/ldn/2002/jun/02061802.html