Darren Lund v. Stephen Boissoin and The Concerned Christian Coalition Inc. - Decision on Remedy
Decision Date: May 30, 2008
Decision Maker: Lori G. Andreachuk, Q.C.
Decision Level: Tribunal
Grounds: sexual orientation
Areas: publications and notices
Keywords: Discrimination – Grounds – Sexual Orientation – Area – Publication – Remedies – Respondent Boissoin, executive director of the respondent Concerned Christian Coalition, wrote a letter titled: “Homosexual Agenda Wicked” which was published in the Red Deer Advocate newspaper was found liable of discrimination – The purposes of the Code are remedial, not punitive – Hate propaganda remedies should have a symbolic and educational value Panel made the following orders against the respondents Boissoin and The Concerned Christian Coalition: (1) the respondents cease publishing in newspapers, by email, on the radio, in public speeches, or on the internet, in future, disparaging remarks about gays and homosexuals, and about Dr. Lund or Dr. Lund's witnesses relating to their involvement in this complaint – All disparaging remarks versus homosexuals are directed to be removed from the respondents’ current web sites and publications – (2) the respondents shall, in future, be restrained from committing the same or similar contraventions of the Act – (3) the respondents provide Dr. Lund with a written apology for the article in the Red Deer Advocate which was the subject of this complaint – (4) the respondents shall request the Red Deer Advocate publish a copy this Order in the Red Deer Advocate and that they request their written apology for the contravention of the Act be published in the Red Deer Advocate – (5) the respondents pay to Dr. Lund an award for damages, jointly and severally, in the amount of $5,000 – (6) that the witness Ms. Dodd shall provide a list of expenses incurred as a result of her testimony at the hearing to the Panel Chair for review and such sum shall be paid to her for her actual expenses associated with this matter up to the maximum amount of $2,000 as directed by the Panel Chair upon receiving her list of expenses – Such amounts shall be paid jointly and severally by the respondents.
Summary:
Further to an earlier finding of liability arising from the respondents’ publication of messages likely to expose homosexuals to hatred and contempt on the basis of their sexual orientation (see Lund v. Boissoin November 30, 2007), the Panel reconvened to consider remedy. The complainant sought the following remedies: (1) that Mr. Boissoin and the Concerned Christian Coalition Inc. be formally disallowed to publish discriminatory letters in newspapers by e-mail, on the radio, in public speeches and on the Internet in the future. Further, that they be prohibited from making disparaging remarks in the future against the complainant or any of the complainant's witnesses relating to their involvement in the complaint; (2) that damages for pain and suffering be paid by the respondents to Dr. Lund in the amount of $5,000. That an order for damages for pain and suffering directly related to the retaliation that Dr. Lund has suffered be paid by the respondents to Dr. Lund in the amount of $5,000; (3) an order for additional damages for pain and suffering be paid to Ms. Janelle Dodd, a former employee of the respondent who appeared as witness for the complainant in the amount of $2,500; and (4) an order that Mr. Boissoin and The Concerned Christian Coalition Inc. publish a summary of the ruling of the case in the editorial section of the Red Deer Advocate. The respondent Boissoin argued the only appropriate remedy in the case should be an order requiring Mr. Boissoin "to refrain in the future from committing the same or similar contravention" pursuant to Section 32(1)(b)(ii) of the Act. HELD: The Panel used the principle of fairness in determining appropriate remedies. The purposes of human rights legislation are remedial, not punitive. Hate propaganda remedies should have a symbolic and educational value. The Panel made the following orders against the respondents Boissoin and The Concerned Christian Coalition: (1) the respondents cease publishing in newspapers, by e-mail, on the radio, in public speeches, or on the Internet, in future, disparaging remarks about gays and homosexuals. Further, they shall not and are prohibited from making disparaging remarks in the future about Dr. Lund or Dr. Lund's witnesses relating to their involvement in this complaint. Further, all disparaging remarks versus homosexuals are directed to be removed from current web sites and publications of Mr. Boissoin and The Concerned Christian Coalition Inc.; (2) the respondents shall, in future, be restrained from committing the same or similar contraventions of the Act; (3) the respondents provide Dr. Lund with a written apology for the article in the Red Deer Advocate which was the subject of this complaint; (4) the respondents shall request the Red Deer Advocate publish a copy of this order in the Red Deer Advocate and that they request their written apology for the contravention of the Act be published in the Red Deer Advocate; (5) the respondents pay to Dr. Lund an award for damages, jointly and severally, in the amount of $5,000; (6) that the witness Ms. Dodd shall provide a list of expenses incurred as a result of her testimony at the hearing to the Panel Chair for review and such sum shall be paid to her for her actual expenses associated with this matter up to the maximum amount of $2,000 as directed by the Panel Chair upon receiving her list of expenses. Such amounts shall be paid jointly and severally by the respondents.
Cases Considered: Abrams v. North Shore Free Press Ltd., [1999] B.C.H.R.T.D. No. 5 (QL), 33 C.H.R.R. D/435; Citron v. Zundel, [2002] C.H.R.D. No. 1 (QL), 41 C.H.R.R. D/274
Statutes Considered: Human Rights, Citizenship and Multiculturalism Act, R.S.A. 2000, c. H-14, s. 32(1)
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