Press Release

June 18, 2002

Ontario Court Rules: Anti-Gay Printer Not Entitled to Use Religion as an Excuse to Discriminate against Lesbian and Gay Organisation

In a unanimous decision, Ontario’s Superior Court of Justice ruled yesterday that an anti-gay printer was not entitled to use his religious beliefs as an excuse to deny services to lesbian and gay organizations.

The case, Brillinger & Canadian Lesbian and Gay Archives v. Brockie and Imaging Excellence involves a printer (Brockie and Imaging Excellence) who refused to print business cards and letterhead for the Canadian Lesbian and Gay Archives claiming that he finds homosexuality “detestable” and that providing service to a lesbian and gay organization offended his religious principles. An Ontario Board of Inquiry had ruled that the printing service was denied to the Archives on the basis of sexual orientation and ordered Brockie to provide printing services to the Archives and pay damages of $5,000.00. Brockie appealed that decision to the Ontario Superior Court of Justice. The Court noted that materials such as business cards, letterhead or a lesbian and gay resource directory could not reasonably be considered to engage Mr. Brockie’s core religious beliefs, and left open the question of whether freedom of religion could ever serve as a basis for refusing to print other materials in future. In the result, the Court held that Mr. Brockie must provide such services without discrimination, and must pay $5,000.00 in compensation to Mr. Brillinger and the Canadian Lesbian and Gay Archives.

Ray Brillinger, who was denied the printing service, welcomed the decision:

“Dignity is the issue. This is a very straightforward decision: it’s about the dignity of the individual in the commercial arena. I have the right, whether gay or straight, to receive services in an equal manner. Gays and lesbians have been at the mercy of people who know that they couldn’t get away with discriminating against other groups in a similar fashion. The Court’s decision says this has to stop. Freedom of religion is not acceptable as a basis for a blanket refusal to provide services. For almost 30 years, the Canadian Lesbian and Gay Archives has served the community. Now, through this case, the Archives is also taking a leadership role in asserting the rights of gay people to fair and equal treatment when doing business with companies in Ontario’s marketplace.”

Lawyer Susan Ursel agrees. Ms Ursel represented the Equality Coalition, a coalition of 12 equality seeking groups, who intervened in support of the Archives. “This decision stands for some very important principles. First, you cannot discriminate against organizations just because they serve disadvantaged communities or individuals you don’t like - and this includes gay and lesbian groups. Second, commercial businesses are bound by the same laws as the rest of us - they are expected to provide equal services without discrimination. Third, freedom of religion does not provide a blanket excuse for discrimination. We are all bound to respect each others’ human rights.”

“We take certain things for granted in our society, like the right to equal treatment and freedom from discrimination in the public marketplace. Those rights are guaranteed by law,” added John Fisher of the organisation Egale, a member of the Equality Coalition. “The Court recognized the effects of discrimination against lesbians, gays, bisexuals and transgendered people, such as silencing, marginalization, social prejudice, pressure to conceal our identities, and limits on our cultural expression and political and social participation. The case is an important affirmation of the right of all individuals and groups to participate equally in Canadian society, in accordance with the core values of fairness, dignity and respect.”

The Equality Coalition is made up of the Canadian AIDS Society, the Canadian Association of Elizabeth Fry Societies, the Canadian Ethnocultural Council, the Coalition for Lesbian and Gay Rights in Ontario, the Council of Canadians with Disabilities, Egale Canada, the Foundation for Equal Families, the Metro Toronto Chinese and Southeast Asian Legal Clinic, the Metropolitan Community Church of Toronto, the Minority Advocacy and Rights Council, the National Association of Women and the Law, and the 2-Spirited People of the First Nations.

For further information:
Ray Brillinger, Applicant: 416-960-4485
Susan Ursel & David Wright: 416-968-3333,Counsel for the Equality Coalition
John Fisher, Executive Director, Egale: 888-204-7777

Members of the Equality Coalition:

Canadian AIDS Society
Gerard Yetman
613-230-3580
gerardy@cdnaids.ca

Canadian Association of Elizabeth Fry Societies
Kim Pate
613-238-2422
kpate@web.net

Canadian Ethnocultural Council
Anna Chiappa
613-230-3867
cec@web.ca

Coalition for Lesbian & Gay Rights in Ontario
C. M. Donald
416-405-8253
clgro@web.ca

Council of Canadians with Disabilities
Laurie Beachall
204-947-0303
ccd@pcs.mb.ca

Foundation for Equal Families
Michelle Douglas
416-952-8563
michelled@myblackberry.net

Metro Toronto Chinese and South East Asian Legal Clinic
Avvy Go
416-971-9674
goa@olap.org

Metropolitan Community Church, Toronto
Douglas Elliott
416-362-1989
rde@elliottandkim.com

Minority Advocacy and Rights Council
Indra Singh
819-7764495
marcf@magma.ca

National Association of Women and the Law
Ros Salvador
613-241-7570
info@nawl.ca

2-Spirited People of the First Nations
LaVerne Monette
416-944-9481
strategy@2spirits.com

Egale Canada ©2010

Advancing equality and justice for lesbian, gay, bisexual, and trans-identified people and their families across Canada