The City of Hamilton, a champion of selective inclusivity, has a problem with a Christian Heritage Party (CHP) billboard advertisement it claimed could make a transgendered person at a bus stop feel “threatened.”WARNING: The political ad in question will grievously offend the biologically confused.It features a smiling woman and states 'Woman: An Adult Female.' Below, it reads 'Bringing Respect for Life and Truth to Canadian Politics.'.The city’s refusal in 2023 to display the ad also arose from a professed duty to protect residents from being exposed to conservative values.Has Hamilton forgotten its duty to abide by Charter rights that guarantee political and religious free speech? Apparently. It is spending a lot of taxpayer money on legal fees to stifle that.A legal battle landed in the Ontario Court of Appeal that recently permitted CHP, a registered federal party, to proceed with an appeal. The court examined whether CHP was afforded procedural fairness in the city’s decision-making process. It didn’t give reasons for the decision.“This has huge implications for democracy. If the city can do this to the Christian Heritage Party, then what is to say it can't do that for other registered political parties in Canada?” said Lia Milousis, lawyer for the Ottawa-based Acacia Group representing CHP. The law firm specializes in defence of churches and charities from Charter abuses and government overreach..“Part of the problem here is that it's problematic for the city to pre-emptively determine what can and cannot be part of political discourse and dialogue in a democracy.”In November 2024, the Ontario Divisional Court denied CHP’s contention that the rejection of the ad violated CHP’s right to express its political beliefs and that the city used an administratively unfair process. A three-judge panel upheld the city’s decision and ordered CHP to pay the city $35,000.The ad was first rejected by OUTFRONT Media, the city's third-party advertising contractor.The city claimed the ad jeopardized its “ability to provide a safe and welcoming transit system.” In its July 2023 rejection letter to CHP, it acknowledged CHP had a right to free speech under the Charter. However, it opposed the “traditional and biologically determined definition of gender in line with conservative values” message..Since the ad hadn’t been displayed, no member of the public complained. It can be argued the city, that didn’t consult CHP, went out of its way to consult with local sexual minorities groups from whom it appears that it had taken its instructions.The militant EGALE predictably declared on its website that the ad is “homophobic” and took credit for being an “intervener” in the case. It leapt to a wild conclusion that defies truth and logic. This isn’t a piece of abstract art.“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,” it said.The Canadian Code of Advertising Standards doesn’t apply to political ads. The city later dropped that argument.“The Christian community, as represented by the Christian Heritage Party, has specific beliefs and values related to questions of gender and sexuality, and while those might not be shared by the city, that is completely fine,” said Milousis..“The solution to speech that we might not like, that we might disagree with, is in fact more speech. So, what the city could have done, perhaps is put forward its own advertisements, which it has in fact done, that touched on gender and sexuality.”“Or there could have been other organizations that perform their own advertisements maybe addressing their definition. But instead, there has been an effort here to censor. That’s what's problematic, because you cannot pre-emptively censor something based on your own subjective interpretation of an advertisement in question.”Of course, the ad’s message is that there are only two sexes, men and women.“I think it's fair to say that the ad is remarkably tame,” said Milousis..The city specifically mentioned conservative values so “there’s a political bend to this decision …”A peek at Hamilton’s official Facebook account offers some perspective on where it stands on the inclusivity it chooses to approve and endorse.On June 2, celebrating the “kick-off to Pride Season,” it posted a rainbow with “Happy Pride Hamilton” on the official city Facebook page.On May 17, it paid tribute to International Day Against Homophobia, Transphobia and Biphobia and declared it stands “firmly against discrimination in all its forms.” It reads: Hamilton embraces inclusivity as a cornerstone of our City … Let’s continue to speak out, show up, and build a Hamilton that truly includes everyone.”Well, not everyone. Certainly not Christians. They were excluded December 25. No mention of it being Christmas Day, only a bag and box garbage message. “This holiday season don’t toss those burned-out or broken string lights in the garbage. Keep waste collection workers safe.”This isn’t the first time CHP legally sparred with Hamilton. In October 2018 a judicial review panel determined the city erred by removing paid CHP political ads from bus shelters in 2016.The ad showed an image of presumably a man wearing a baseball cap entering a door with a Ladies Showers sign. It said: 'Competing human rights: Where is the justice?'The message? Women and girls have the right to privacy from biological males entering public facilities.The panel cited the freedom of expression allowed political parties. It also noted that city administration failed to consult with CHP and didn’t consider the ad’s content and intent.Milousis urged people to set aside their “deeply personal” views on gender and sexuality issues.“Just ask about the democratic implications of a city being able to creatively censor political discourse from a registered political party.”Decisions like that of Hamilton “strike that the very core of what it means to be a democracy and what it means to be a Canadian voter.”Let voters “hear a plethora of opinions” and then make their own decisions.”“Now that's how democracy works. And hopefully we can continue to protect and preserve that.”Although it’s encouraging, being granted a leave to appeal guarantees nothing.“So, there's still plenty of work to be done and plenty of opportunities for both sides to argue this issue.”An appeal date has not been set.In the meantime, everyone including men who say they are women, is safe from that offensive ad featuring a beautiful smiling woman who actually is a woman.
