Saskatchewan Human Rights Commission V. Whatcott: Case Study

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In Saskatchewan (Human Rights Commission) v. Whatcott the courts were faced with several conflicting interests concerning the fundamental rights of free speech, a core value of our democratic society. The respondent was upset that the four flyers contained discriminatory messages directed at a protected group and filled a complaint stating that those flyers contravene with section 14(1)(b) of The Saskatchewan Human Rights Codes (Saskatchewan (Human Rights Commission) v. Whatcott, 2013). The Appellant (The Saskatchewan Human Rights Commission) decided to appeal stating that section 14(1)(b) was a violation of section 2 of the Charter. The courts were then forced that ask themselves two questions, does section 14(1)(b) violate section 2 of the Charter and subsequently, if so, can section 1 of the Charter save section 14(1)(b). The subsequent paragraphs will discuss how the courts…show more content…
The fourth and final test requires the Judge to weight the negative effects of accepting the legislation and the positive outcomes that the legislation brings (R v Oakes, 1986). The Judge believed that the keeping the legislation in effects would outweigh the negative effects that is associated with it. So despite the fact that the legislation would be curtail an individual 's right to expression, something that has great value in a free and democratic society, the positive effects of the legislation would be protecting groups that are more susceptible to social discrimination. As well, by using section one of the Charter to save section 14(1)(b) of the code, we are preventing these protected groups from any harm to allow them to gain more equality with other groups (Saskatchewan v. Whatcott, 2013).
The main laws concerning this case is the Saskatchewan Human Rights Code, specifically section 14(1)(b). This section talks about how people can not publish certain materials such as materials that are seen to be as offensive and targeting a protected group (Saskatchewan v. Whatcott,

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