PRESS RELEASE: Appeal Granted in Hugh Owens v. Sask

Appeal Granted in Hugh Owens v. Human Rights Commission (Sask)

For Immediate Release from the CHRISTIAN LEGAL FELLOWSHIP

13 April, 2006

Saskatchewan Appeal Court DECISION A VICTORY FOR RELIGIOUS FREEDOM AND EXPRESSION

As part of the Canadian Religious Freedom Alliance (CRFA), the Christian Legal Fellowship intervened before the Saskatchewan Court of Appeal in the Hugh Owens v. Human Rights Commission (Sask). The Code expressly prohibits the publication of statements which "expose or tend to expose to hatred, or which ridicule, belittle or otherwise affront the dignity of any person or class of persons".

Mr. Owens had a local newspaper publish an advertisement of two stick men holding hands with the universal symbol of a red circle with a diagonal bar superimposed over top. References to four Bible passages: Romans 1, Leviticus 18:22, Leviticus 20:13 and 1 Corinthians 6:9-10 were included. The case had been interpreted by some as promoting the "Bible as Hate Speech/Literature" based upon the decision of the lower court which left it unclear whether Biblical texts alone can violate the Saskatchewan Human Rights Code.

In a unanimous decision handed down today, the Saskatchewan Court of Appeal overturned the lower court decision and makes it abundantly clear that the Bible passages in and of themselves, and as presented in this case, do not violate the Saskatchewan Human Rights Code.

Saskatchewan Court of Appeal Justice Richards, in delivering the decision, stated that although the advertisement was "bluntly presented and doubtless upsetting to many, the essential message conveyed ... is not one which involves the ardent emotions and strong sense of detestation, calumny and vilification required". Justice Richards also made it clear that the Bible or any other sacred text, cannot serve as a licence for acting unlawfully against gays and lesbians and that each case must be decided on its individual merit in terms of context, timing and intent.

"We applaud the decision", says Ruth Ross, Executive Director of Christian Legal Fellowship. "The Saskatchewan Court of Appeal unambiguously stated that freedom of religion and expression are enshrined in the Saskatchewan Human Rights Code itself, namely: freedom of conscience, opinion and belief, and freedom of religious association, teaching, practice and worship. This includes freedom of expression through all means of communication, including the arts, speech, the press or radio, television or any other broadcasting device."

�This is a clear victory for Christians who have in recent years been marginalized in speaking out publicly on issues of morality and Christian family values and beliefs, comments Ruth Ross. �What this decision confirms is that passages contained in the Holy Bible, the foundation of our faith, cannot and should not in themselves be deemed hate literature.�

Mr. Owens appeared on his own behalf. The Canadian Civil Liberties Association also intervened in this case in support of freedom of speech. Other members of the Canadian Religious Freedom Alliance include the Catholic Civil Rights League and the Evangelical Fellowship of Canada. Counsel for the CRFA is Weyburn Lawyer, Thomas Schuck.

For background information and to view our written legal arguments, visit our website at: www.ChristianLegalFellowship.org

For further information or to arrange an interview, please contact:

Elizabeth Davis, Director of Communications
[email protected]
Ruth A.M. Ross, Executive Director
[email protected]

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CHRISTIAN LEGAL FELLOWSHIP
l�Alliance des chr�tiens en droit
Phone: (519) 641-8850 Fax: (519) 641-8866
www.christianlegalfellowship.org

The Christian Legal Fellowship is a national not-for-profit association of legal professionals in Canada. The association, among other functions, explores the complex interrelationships between the practice and theory of law and Christian faith. The Fellowship has some 475 active members from several dozen Christian denominations working together to integrate Christian faith with law.