QUEBEC CITY, QC: The Justice Centre for Constitutional Freedoms announces that the Superior Court of Quebec has ruled that the Quebec government violated the Canadian Charter of Rights and Freedoms by directing the Quebec City Convention Centre to cancel a conference organized by Harvest Ministries International because of the organization’s beliefs about abortion.
The Court found that former Quebec Minister of Tourism Caroline Proulx unjustifiably infringed Harvest Ministries International’s freedoms of expression, religion, and association by directing the cancellation of the conference because of the organization’s opposition to abortion. The Court concluded that the Minister acted without legal authority, exercised government power arbitrarily, and denied the organization access to a publicly owned venue because officials disagreed with its viewpoint.
The conference, “Faith, Freedom, Fire,” had been scheduled for June 23 to July 2, 2023. Although the conference program contained no abortion-related presentations, Minister Proulx directed the Convention Centre to terminate the rental agreement after describing Harvest Ministries International as an “anti-abortion” organization.
The following day, Minister Proulx publicly stated that organizations holding such views would no longer be permitted to rent facilities under her authority. Former Premier François Legault supported the decision, stating that Quebec would not permit “anti-abortion groups to put on big shows in public spaces.”
The Court rejected the government’s actions, finding that no law, regulation, or government directive authorized the Minister to prevent the conference from proceeding. It concluded that the Minister effectively created her own rule restricting access to a public venue based solely on disagreement with Harvest Ministries International’s beliefs. The Court further held that the decision could not be justified in a free and democratic society.
The Court also found that cancelling the event prevented Harvest Ministries International from organizing a large public gathering and communicating its message in a public forum, striking at the heart of freedom of expression. It awarded compensatory damages arising from the cancellation and ordered Minister Proulx personally to pay $30,000 in punitive damages after finding that her conduct intentionally infringed the organization’s freedom of expression.
Lawyers funded by the Justice Centre argued that government officials cannot deny access to public facilities because they disagree with an organization’s beliefs and relied in part on the Supreme Court of Canada’s landmark decision in Roncarelli v. Duplessis, which prohibits arbitrary exercises of government power.
Constitutional lawyer Olivier Séguin said, “This judgment confirmed that governments cannot use public facilities to punish organizations because officials disagree with their beliefs. The Court rightly found that the Minister acted without legal authority and violated fundamental freedoms guaranteed by the Charter.”
Mr. Séguin added, “Had this case not been challenged, governments across Canada would have been encouraged to deny access to public facilities whenever they disagreed with an organization’s beliefs. Today’s judgment reaffirmed that public officials are bound by the Charter and cannot use state power to silence lawful viewpoints.”
The Justice Centre is Canada’s leading civil liberties organization defending Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.
