(LifeSiteNews) — On March 18, the Ontario Court of Appeal ruled that the City of Hamilton was within its rights to reject the Christian Heritage Party’s proposed transgender shelter ads that featured a smiling young woman and the dictionary definition “Woman: An Adult Human Female” — because the ad could render the public transit system unsafe.
The ad was submitted by the Christian Heritage Party (CHP) in January 2023 and was rejected, as were requests for an explanation. In July 2024, the city finally sent CHP a five-page letter detailing their decision after the political party’s legal counsel sent them a request.
The City of Hamilton’s lawyer claimed that the ad had been rejected after lengthy consultation with “local members of the 2SLGBTQ+ community, academic literature,” and trans activist Jelena Vermilion. The city actually told the CBC that the ad — again, simply citing the dictionary definition of “woman” — implied that trans-identifying men were “subhuman.” An Ontario court upheld the city’s decision in November 2024 and the CHP appealed.
The Ontario Court of Appeal has now ruled that the City of Hamilton found the right balance in rejecting the ads, and The Law Times noted that “Wednesday’s decision in Christian Heritage Party of Canada v. Hamilton (City) may represent the first time a provincial appellate court has ‘wrestled with the proper application of the test’ municipalities must apply to strike a balance between statutory objectives on the one hand, and Charter of Rights and Freedoms protections on the other.”
The City of Hamilton “cited a 2021 study that found that transgender and gender-diverse individuals suffered adverse mental health outcomes when they were exposed to anti-trans media messaging” as well as a police report that indicated an alleged uptick in ill-defined “hate/bias occurrences” against trans-identifying people. If the dictionary of definition of “woman” is considered “hate” or “bias,” the definition has clearly been deliberately broadened to include any dissent from transgender ideology.
“In this particular case, there was clear evidence before the city, based on its investigations, that these communities were at risk psychologically and physically for harm if this ad ran,” Kirk Boggs, the city’s lawyer, stated. “That was something that was legitimate for the city to take into account, in weighing against what it recognized was the very serious and fundamental Charter right of freedom of expression.”
Again: The advertisement in question simply stated: “Woman: An Adult Human Female.”
“Free speech has been given a black eye by judges who neglected to recognize our constitutional rights. Freedom of speech, freedom of the press, freedom of conscience, freedom of association – all of these freedoms are listed in the Canadian Charter of Rights and Freedoms and are part of our great Canadian heritage – our Christian heritage,” Rod Taylor, national leader of CHP Canada, said in response to the ruling. “Yet we see today that political correctness and ‘woke’ ideology have infected not only our legislatures but also our courts.”
The City of Hamilton previously removed an ARPA Canada billboard ad reading “Stop medical transitions for minors,” with Mayor Andrea Horwath characterizing the messaging as “transphobic” despite the fact that medical bodies from the UK to Scandinavia hold the same position.
