Christian Heritage Party of Canada v. City of Hamilton

Egale intervened to bring its expertise regarding the harmful effects of transphobia in a case about public advertising. 

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Case Background

In January of 2023, CHP’s Ontario Branch contacted the body responsible for advertising on Hamilton’s public transit system seeking to run a billboard that had a picture of a woman and contained the words, “Woman: An Adult Female. Bringing Respect for Life and Truth to Canadian Politics.” The proposed billboard was quite explicitly suggesting that transwomen are not women and was denied on the basis that it conflicted with the Advertisement Standards Code. 

CHP argued that this denial infringed on its right to freedom of expression and unduly interference with its right to political advertising. The City of Hamilton considered these “because it jeopardized the City’s ability to provide a safe and welcoming transit system.”  

CHP brought an application for judicial review of the City of Hamilton’s decision. 

Our Legal Arguments

Depending on the nature of the decision under review, courts will give different levels of deference to the original decision-maker. In this case, the court had to consider whether CHP was given procedural fairness in the decision-making process, and whether the decision itself was reasonable.  

The purpose of Egale’s intervention was to provide the Court with the context of transphobia in Canada and suggest how this should be factored into its review of the City of Hamilton’s decision. Our submissions summarized case law that found trans people to be at a unique disadvantage in Canadian society, at an increased risk of violence, and to have higher rates of poor mental health and suicidal ideation. We argued that, as trans people are among the most marginalized groups in Canadian society, CHP’s advertisement would further exacerbate this marginalization and would incite anti-trans ridicule, intolerance, and stigma. Further, the ability of trans residents to access an essential public service free from discrimination and harm was under threat, protections that are enshrined in the Charter. 

We further argued that any potential infringement of the right to freedom of expression must be balanced against the Charter rights of trans people. Specifically, Egale argued that the advertisement posed a significant risk to trans people’s right to life, liberty, and security of person, as well as their right to equality and freedom from discrimination and that these harms outweighed any comparatively minimal impact on CHP’s right to freedom of expression.  

Case Outcome

On November 12, 2024, the Divisional Court upheld the City of Hamilton’s decision to not allow the CHP’s proposed billboard bus advertisement. The Court found that the City appropriately balanced CHP’s Charter right to freedom of expression with the need to provide a safe, respectful, and inclusive environment for all individuals who use the City’s public transit.  

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Supporting Documents

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