Laws

Canada

SASKATCHEWAN

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Censorship, Free Speech
  Civil Unions
Custody of Children
Defamation
Discrimination
Estates, Inheritance
Fostering Children
Gender Identity
  Harassment
Hate Crimes
HIV/Aids
Homosexuality
Inheritance, Wills
In Vitro Fertilisation (IVF)
Marriage
  Parenting
Partners
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Censorship, Free Speech Legislation/Cases/References
1.

Courts & Tribunals

On 06 September 2016, it was reported that Justice Darryl Brown in Regina Court of Queen's Bench dismissed Hugh Owens' claim of discrimination arising from the rejection of his anti-gay newspaper advertisement by the Leader-Post. Justice Brown said Postmedia's freedom of expression in the context of freedom of the press is more significantly impacted than Mr. (Hugh) Owens' freedom of religion in the circumstances here [R1.3].

On 22 December 2014, Regina Provincial Court Judge MaryLynne Beaton ruled that Peter LaBarbera and Bill Whatcott were not guilty of committing “mischief by wilfully interfering with the lawful use, enjoyment or operation of property” after distributing flyers and displaying placards with pro-life and anti-gay messages at the University of Regina campus [C1.2], [R1.1].

R1.3 ReginaLeaderPost: Regina court upholds right to reject offensive, anti-gay advertising 06 SEP 16
C1.2 Judgment: Her Majesty the Queen and William Gary Whatcott and Peter LaBarbera 2014 SKPC 215 PDF 16.20MB, 22 DEC 14
R1.1 OneNewsNow: Judge finds LaBarbera not guilty in Canadian free-speech case 29 DEC !4
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

Province

In May 2001, the government announced it was amending 24 acts to give unmarried, opposite and same-sex couples the same legal rights as married couples, bringing provincial laws in line with a 1999 Supreme Court of Canada ruling [R1.1].

2.

Courts & Tribunals

On 06 November 2013, Justice Mona Dovell of the Court of Queen's Bench in Saskatoon ruled that minimum-security inmates Jean Richer and Leslie Sinobert must ask Correctional Service Canada to determine if they can be in the same housing unit at the Riverbend Annex in Prince Albert, the Court process not being for the day-to-day management of a prison [C2.3], [R2.2].

In November 2008, a Canadian marriage commissioner who was fined $2,500 (AUS $3,086) for refusing to marry a gay couple is suing the government of the province [R2.1].

R1.1 Canadian Press: Manitoba, Saskatchewan Increase Gay Rights in Line with 1999 Supreme Court Ruling 30 MAY 01
C2.3 Judgment: Jean Richer and Leslie Sinobert v. The Attorney General of Canada 2013 SKQB 397 PDF 128.00kb, 06 NOV 13
R2.2 CBC News Saskatoon: Same-sex inmate couple loses case to share same housing unit 04 DEC 13
R2.1 MCV: Canadian Celebrant Sues Over Gay Wedding 04 DEC 08
Defamation, Libel, Slander Legislation/Cases/References
See also: [HATE CRIMES]
1.

Courts & Tribunals

On 10 February 2016, in ''Canadian Broadcasting Corporation v. William Gary Whatcott'' the Saskatchewan Court of Appeal upheld the finding of Queen's Bench Justice Richard Elson that the CBC had defamed Bill Whatcott however, it reduced the award of compensatory general damages to the nominal amount of $1,000. [C1.2], [R1.1].

In January 2015, Court of Queen’s Bench Justice Richard Elson, found that the CBC had misrepresented the anti-gay pamphlets Bill Whatcott distributed in Saskatoon and Regina in 2001 and 2002 in its four-minute news segment and awarded Whatcott $20,000 in general damages and an additional $10,000 in aggravated damages after finding the broadcaster had acted with malice [R1.1].

C1.2 Judgment: Canadian Broadcasting Corporation v. William Gary Whatcott 2016 SKCA 17 (CanLII) PDF 269.63kb 10 FEB 16
R1.1 NationPost: Judge slashes the amount CBC has to pay for defaming anti-gay crusader to 1/30th the original sum 26 FEB 16
Discrimination Legislation/Cases/References
See also: [MARRIAGE]
1.

Province

On 08 December 2014, the Saskatchewan Human Rights Code Amendment Act, 2014 - Bill No. 171 was passed and assented to. The code prohibits prohibits discrimination on the grounds of gender identity and repealed an exemption that had allowed landlords to refuse to rent a suite in their home or the other half of their duplex to someone based on the prospective renter's sexual orientation [R1.4].

Previously:

Under the HRC discrimination on the ground of "sexual orientation" is prohibited [L1.3].


On 02 December 2014, Minister of Justice Gordon Wyant introduced the Saskatchewan Human Rights Code Amendment Act 2014 to the Parliament to "clarify that discrimination against transgender people is and has been against the law, as well as strengthen the rights of renters, regardless of sexual orientation". If the act passes it would take effect in spring 2015 [R1.2].

On 20 November 2013, it was reported that the Human Rights Commissioner stated that court and tribunal decisions from across Canada "consistently recognize that transgender persons are protected under the grounds of sex and/or gender" [R1.1].

2.

Courts & Tribunals

On 06 September 2016, it was reported that Justice Darryl Brown in Regina Court of Queen's Bench dismissed Hugh Owens' claim of discrimination arising from the rejection of his anti-gay newspaper advertisement by the Leader-Post. Justice Brown said Postmedia's freedom of expression in the context of freedom of the press is more significantly impacted than Mr. (Hugh) Owens' freedom of religion in the circumstances here [R2.1].

R1.4 GlobalNews: Saskatchewan amends human rights code 09 DEC 14
L1.3 The Saskatchewan Human Rights Code Chapter S-24.1 PDF 166.16kb, 14 JUL 11
R1.2 CKOM: Sask. human rights code could include gender identity 03 DEC 14
R1.1 Xtra!: Saskatchewan: Gender identity and expression won't be included in Human Rights Code 20 NOV 13
R2.1 ReginaLeaderPost: Regina court upholds right to reject offensive, anti-gay advertising 06 SEP 16
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

Province

Section 2(1) of The Family Property Act defines "spouse" to mean either of two persons who "is cohabiting or has cohabited with the other person as spouses continuously for a period of not less than two years [L1.3].

In 2002, the Family Property Act requires the division of property accumulated during a relationship if a couple splits [R1.2].

Section 4(1) of The Intestate Succession Act governs the distribution of a deceased spouse's intestate estate, having regard to the value of the estate and whether or not the deceased left any children [L1.1].

L1.3 The Family Property Act Chapter F-6.3 PDF 168.93kb, 11 JUL 12 (Accessed 22 NOV 13)
R1.2 Winnipeg Sun: NDP Backs Gay Couples 18 JUL 02
L1.1 The Family Property Act Chapter F-6.3 PDF 146.73kb, 23 JAN 13 (Accessed 22 NOV 13)
See: GayLawNet®™: Incapacity, Death, Inheritance, Succession & Wills
Gender Identity, Intersex,
Transgender, Transexual

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Legislation/Cases/References
See also: [DISCRIMINATION]
1.

Courts & Tribunals

On 30 October 2017, Justice Jennifer Pritchard in the Court of Queen's Bench denied the request of Fran Forsberg on behalf of her transgender daughter Renn to remove gender markers from government identification, finding it was ''too broad in its scope for an interim order''. ''In reality, the requested orders are more akin to permanent injunctions'' [R1.1].

R1.1 ReginaLeader-Post: Saskatchewan judge denies Forsberg's request for removal of gender marker from ID 01 NOV 17

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Hate Crimes Legislation/Cases/References
See also: [DEFAMATION]
1.

Courts & Tribunals

On 27 February 2013, the Supreme Court in Saskatchewan Human Rights Commission v. William Whatcott 2013 SCC 11, ruled 6-0 that some flyers distributed by Bill Whatcott, a resident of Weyburn, Sask., promoted hatred against gays and lesbians, reaffirming existing case law defining hate as "strong and deep-felt emotions of detestation, calumny and vilification" but striking "calumny" as unnecessary. Other flyers were ruled "offensive" [C1.7], [R1.6].

In December 2011, the Supreme Court of Canada was deciding a case of a Saskatchewan man found guilty under the province's human rights law of distributing anti-gay flyers, and ordered to pay the complainants $17,500 for promoting hatred against homosexuals [C1.5], C1.4], [C1.3], [R1.2].

In February 2003, the Court of Queen's Bench upheld a 2001 Human Rights Board of Inquiry ruling that certain passages of the Bible can be construed as hate literature if placed in a particular context [R1.1].

Under Saskatchewan's Human Rights Code, the resondent was found guilty along with the newspaper, the Saskatoon StarPhoenix, of inciting hatred (in an advertisement) and was forced to pay damages of $1,500 to each of the three homosexual men who filed the complaint [R1.1].

C1.7 Lexum: Saskatchewan Human Rights Commission v. William Whatcott & Ors 2013 SCC 11
R1.6 The Globe and Mail: Supreme Court ruling upholds limits on free speech in case involving anti-gay proselytizer 27 FEB 13
C1.5 Supreme Court of Canada: Saskatchewan Human Rights Commission v. William Whatcott Case No. 33676, 28 OCT 10
C1.4 Court of Appeal for Saskatchewan: Saskatchewan Human Rights Commission v. William Whatcott No 1566, 2010 SKCA 26 PDF 465.30kb, 25 FEB 10
C1.3 Saskatchewan Human Rights Commission: In the Matter of the Saskatchewan Human Rights Code and a complaint by Brendan Wallace et al 02 MAY 05
R1.2 TheStar: Ottawa to toughen 'hate crimes' law 05 DEC 11
R1.1 WorldNetDaily.com: Bible Verses Regarded as Hate Literature 18 FEB 03
Marriage Legislation/Cases/References
1.

Province

In 2004, the Province had legalized same-sex marriages [R1.1].

2.

Courts & Tribunals

On 10 January 2011, five judges sitting in the Court of Appeal decided that proposed legislation allowing provincial marriage commissioners to refuse to perform same-sex weddings on religious grounds violates the constitution. Justice Minister Don Morgan said the government will review the decision but added he did not think he would appeal. Because it is a reference case, the Court of Appeal's judgment isn't legally binding [C2.3], [R2.3].

Previously:

In May 2010, the Court of Appeal heard submissions on government initiatives that would permit marriage commissioners to refuse to marry same-sex couples [R2.2].

In December 2008, a Canadian marriage commissioner who was fined $2,500 (AUD $3,086) for refusing to marry a gay couple was suing the government [R2.1].

R1.1 CBCnews.ca: Newfoundland Legalizes Same-sex Marriage 21 DEC 04
C2.3 Law Society: In the Matter of Marriage Commissioners Appointed Under The Marriage Act, 1995, S.S. 1995, c. M-4.1 2011 SKCA 3, PDF 240.46kb, 10 JAN 11
R2.3 Sympatico.ca: Court: Refusing same-sex marriage violates constitution 10 JAN 11
R2.2 PinkPaper.com: Saskatchewan mulls letting marriage celebrants reject gays 19 MAY 10
R2.1 MCV: Canadian Celebrant Sues Over Gay Wedding 04 DEC 08
Parenting: Adoption, Fostering Legislation/Cases/References
1.

Province

In May 2001, as a result of proposed changes to the law, same-sex and common-law couples in Saskatchewan were able to apply to adopt the children of their partners [R1.1].

Since 1990, Saskatchewan law has allowed same-sex couples to jointly adopt children [R1.2].

2.

Courts & Tribunals

On 30 August 2011, Judge Jacelyn Ann Ryan-Froslie in the Queen's Bench for Saskatchewan Court ruled that a male same-sex couple have the right to remove the name of the woman who carried their child from their daughter's birth certificate and to list John as their child's father and Bill as an "other parent" [C2.2], [R2.1].

R1.1 Canadian Press: Manitoba, Saskatchewan Increase Gay Rights in Line with 1999 Supreme Court Ruling 30 MAY 01
R1.2 The Ottawa Citizen: Children's Aid Society Seeks Gay Foster parents 20 OCT 02
C2.2 CanLII: WJQM ("John") and LJE ("Bill") and AMA ("Mary") and Jane Dow PDF 24.98kb, 30 AUG 11
R2.1 CBC News: Gay couple wins right to amend child's birth record 10 SEP 11

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