Printer defends “act of conscience”

TORONTO, ON–A decision in favour of a Christian printer who refused a gay client's print job would "license bigots to discriminate," says Jennifer Scott, a lawyer for the Ontario Human Rights Commission (OHRC).

But Toronto printer Scott Brockie, accused of discriminating against Ray Brillinger of the Canadian Gay and Lesbian Archives, said "I want my children to know I'm prepared to stand up for my faith," when asked how his three, all under the age of 10, would react to hearing their father associated with "bigots."

"It's an honour to be in a situation where you can be associated with the name of Jesus," says Brockie, a Christian and president of Imaging Excellence Incorporated. "Anyone who would imply I'm a bigot does not know me."

Brockie's case began in 1996 when Brillinger complained to the OHRC that Brockie refused to print promotional material for the Canadian Lesbian and Gay Archives. The OHRC agreed, finding Brockie guilty of discrimination and levied a fine of $5,000.

Brockie says he could not in good conscience create materials that "promote or celebrate a gay lifestyle" because he was a Christian. This statement catapulted him into years of legal wrangling and close to $100,000 in legal fees so far.

He appealed the OHRC's fine to the Ontario Divisional Court; that case was heard December 5-7. A decision is expected in the coming months, although all sides expect the decision to be appealed and sent to the Supreme Court.

During the hearing, OHRC lawyer Scott argued that Brockie "cannot bring his religious beliefs into the public, commercial marketplace" because it would occasion "mayhem" if many groups did so.

But lawyers for the Religious Freedom Alliance, an intervenor in the case that includes the Evangelical Fellowship of Canada, the Catholic Civil Rights League and Christian Legal Fellowship, countered Scott's arguments, stating that people either have, or do not have, specific freedoms in society.

Forcing people to act against their religious beliefs in the wider workplace means a loss of their rights in that domain, argued alliance lawyer David Brown. At several points while Scott made her argument, the judges interjected that the rights of both Brillinger and Brockie were involved.

Brockie, who has accepted print jobs from gay individuals in the past, says that he did not treat Brillinger "coldly" the day that he refused to print his job. Brockie says a cold treatment "implies a facade of respect for someone." He says he respected both Brillinger and himself through his decision.

Dependence on God

"This isn't something you choose–it chooses you," Brockie told CW during the December hearing. He says the experience has strengthened his family's dependence on God.

"You take different verses more seriously than just casual reading," he says, flipping through his Bible to highlighted passages. "Our lives have become a test for [biblical] promises like 'Be anxious for nothing' and 'My grace is sufficient for thee.'"

The case has also tested the supportive nature of his local church, Erindale Bible Chapel of Mississauga. Early into the case, the congregation created a defence fund to help Brockie cover his legal expenses. Fifty members of the congregation of 300 also sat in the courtroom near Brockie's wife and parents to attend the December hearings.

Churchgoer Ken Sharp said that watching two days of hearing was "eye-opening."

"As far as I can see, this case is just about the gay community harassing people," he says. "How would a gay printer feel about being legally forced to print a job for Focus on the Family?"

Others in the courtroom were concerned as well. Kinh Quach, vice president of the Gideons Oakville camp was one of several Gideons who came out to pray in the courtroom.

"It's a question of how far the implications and ruling in this case could go," says Quach. "If I want to talk about my faith at work, will I get dragged into court?"

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