Mr. Whatcott created a flyer entitled “Transgenderism vs. Truth in Vancouver‐False Creek” [Flyer]. In it, he called Ms. Oger a “biological male who has renamed himself… after he embraced a transvestite lifestyle”. He expressed a concern “about the promotion and growth of homosexuality and transvestitism in British Columbia and how it is obscuring the immutable truth about our God given gender”. He described being transgender as an “impossibility”, which exposes people to harm and constitutes a sin…. When Ms. Oger and her team learned of the Flyer, they had to formulate a response during their election campaign. Ms. Oger went to the police, who advised her of safety protocols. She warned her children to be wary of strangers. She describes the effect of the Flyer as destabilizing, terrifying, and searing. Ultimately, Ms. Oger was not elected in her [False Creek] riding [or electoral district]. After the election was over, Ms. Oger filed a complaint with the Human Rights Tribunal [Tribunal], alleging that the Flyer violated ss. 7(1)(a) and (b) of the Human Rights Code [Code]. Those sections prohibit publication of any statement that “indicates discrimination or an intention to discriminate” (s. 7(1)(a)), or “is likely to expose a person or group or class of persons to hatred or contempt” (s. 7(1)(b)). In response, Mr. Whatcott denies that the Flyer violates s. 7 and says that in any event his rights to freedom of speech and religion guarantee his right to distribute it. He says those freedoms are especially important during an election campaign…. In his constitutional argument, Mr. Whatcott argues that the “effect of the BC Human Rights Commission’s decision to proceed to the hearing stage in this case amounts to oppressive government action that violates the respondent’s s. 2, 15 and s.27 of the charter rights….Read more at: FellowshipOfTheMinds.com
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