KRYTYKA HOMOSEKSUALIZMU (HOMOSEKSUALISTÓW) W ŚWIETLE ORZECZNICTWA SĄDÓW KANADYJSKICH
CRITICISM OF HOMOSEXUALITY (HOMOSEXUALS) IN THE LIGHT OF THE CANADIAN CASE LAW

Summary/Abstract: The article deals with the legal framework of criticism of homosexuality, particularly homosexual acts, in the light of the Canadian case law. Analysis of court opinions and the facts of particular cases leads to determine the present form of the freedom of expression in the Canadian legal order. The author argues that the degree of free speech restriction in Canada is disproportionate to the aims which this restriction is to serve. Protecting the dignity of homosexual persons, or even more to protect them from violence, does not require outlawing all forms of criticism towards this group of people. The concept of hate speech should be interpreted narrowly. Accurate is the position of the Supreme Court of Canada expressed in Trinity Western University v. British Columbia College of Teachers that freedom of speech and freedom of conscience and religion entitles to call homosexual acts immoral or sinful, but not to unfair discrimination against gays and lesbians by actions against them.

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