By Scott Roblin

Brooks couple taking federal government to court over free speech concerns

Sep 12, 2018 | 6:12 PM

MEDICINE HAT, AB – Failed plans to hire a summer student is pitting a small business from the Brooks area against the federal government.

William and Rhea Lynne Anderson own and operate A-1 Irrigation and Technical Services are suiting Ottawa after their application was rejected for a controversial reason.

But for right now, their case is being put on the back burner after a hearing at the Court of Queen’s Bench in Medicine Hat on Wednesday.

Justice William Tilleman decided to adjourn the case until the winter, calling the end of the 2018 Canada Summer Jobs program on September 1 a ‘moot point.’

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As part of the Canada Summer Jobs program, businesses can apply for federal funding to hire summer students.

The Andersons applied to the program in January, but later received a letter from Service Canada stating that their application was rejected.

According to the federal government, it’s because the Andersons refused to check a box on the form that asks applicants to agree or attest with the federal government’s platforms on abortion and gender identity rights.

The couple did not attend Wednesday’s hearing, but were represented by the Justice Centre for Constitutional Freedoms out of Calgary.

Litigation manager Jay Cameron said his clients’ political views shouldn’t penalize them from being able to hire a new worker.

“It’s a big country and people have diverse views on the subject of abortion,” said Cameron. “And according to the constitution, Canadians still have a right to have their own opinions.”

Taken from Employment and Social Development Canada’s website, ‘[Canada Summer Jobs] applicants will be required to attest that both the job and the organization’s core mandate respect individual human rights in Canada, including the values underlying the Canadian Charter of Rights and Freedoms as well as other rights. These include reproductive rights and the right to be free from discrimination on the basis of sex, religion, race, national or ethnic origin, colour, mental or physical disability, sexual orientation or gender identity or expression.’

They go on to clarify that the attestation relates to ‘women’s rights and women’s reproductive rights, and the rights of gender-diverse and transgender Canadians.’

Cameron said the clause introduced in the past year can create situations of business owners needing to claim ideologies that they don’t necessarily believe to access funding.

“They felt that was coercive, unfair, totalitarian, and biased,” he said. “And, I think they’re right about all those things.”

Cameron added the Andersons’ overall business suffered as they were unable to bring on an extra body over the summer months, while the decision took away a job from a prospective student.

The federal government has made a motion to throw the case out of the Court of Queen’s Bench, claiming the provincial court has no jurisdiction and exclusive jurisdiction belongs to the Federal Court.

As for the case, Justice Tilleman commented numerous times that the 2018 Canada Summer Jobs program is done and complete.

Tilleman ruled that the case will be delayed until confirmation the program will return in 2019, which he’s expecting to resume in early 2019.

Cameron said the Andersons are seeking acknowledgement that their free speech is being violated.

“We’re not seeking any damages,” he said. “What we’re seeking is for the courts to uphold the constitutional rights of private citizens.”

Justice Tillman was hopeful the case will resume sometime in January, pending the renewal of the Canada Summer Jobs program.