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LexView 79.0 - Speaking the Truth with State-Mandated Love
April 9, 2013

LexView writer Kevin Boonstra finds the recent Supreme Court decision in the Whatcott case "unwelcome" at best, and a significant threat to free speech and religious freedom at worst. While Boonstra agrees the comments social activist William Whatcott directed toward homosexuals were repulsive, he argues that the Court has rendered a confusing ruling that strips away Charter rights to express religious belief freely while at the same time blurring the line between individual rights and group protection. "Post-Whatcott, the difference between the permissible communication of religious doctrine, and impermissibly cloaking hate-speech in religious guise, remains problematically ill-defined," Boonstra writes in Speaking the Truth With State-Mandated Love. "An ordinary Evangelical pastor should be able to look at the legislation and determine what constitutes hate speech without the need to become a Supreme Court jurist. The obvious danger of this approach is its potential to create a further "chilling effect" on free speech."

Kevin Boonstra is a constitutional lawyer with Kuhn and Company in British Columbia. For his previous LexView articles see
Dec 21:
LexView 78.0 - Revisiting Rodriguez
Sep 27:
LexView 77.0 - Constitutional Implications of Bill 13 Amendments


Canada's social and political landscape is often shaped by its courts. LexView was established by the Centre for Cultural Renewal in 1998 to provide a succinct and timely evaluation of those cases that shape Canadian policy on a variety of issues.

Editorial Board

Current: February 7, 2011

Kevin Boonstra
Kuhn & Company

John Carpay
Barrister and Solicitor

Geoffrey Cowper
Fasken Martineau

Philip Horgan
Horgan Law Office

Kevin Sawatsky
Kuhn & Company / Trinity Western University

Ray Sawatsky

Faye Sonier
EFC Centre for Faith and Public Life

Peter Stockland
Cardus Centre for Cultural Renewal

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