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 acted without legal authority, exercised government power arbitrarily, and denied Harvest Ministries International access to a publicly owned venue because officials disagreed with the organization’s opposition to abortion. In doing so, the Court ruled that the Minister unjustifiably infringed the organization’s freedom of expression.
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 ruled that Minister Proulx was personally liable for 100 percent of the damages arising from the breach of contract, ordering her to pay $30,636.92. It further ordered her to pay an additional $30,000 in punitive damages under the Quebec Charter of Human Rights and Freedoms after finding that she had intentionally violated HMI’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.
