The Lesbian and Gay Archives took their letterhead to Imaging Excellence, Inc. to be printed. The owner of the company refused the job, saying that it offended his religious beliefs to provide the services to queers who are promoting the gay lifestyle which he regarded as detestable and sinful. However, he had on other occasions printed work for a company which marketed underwear to the gay community.
At the human rights tribunal, the Lesbian and Gay Archives were successful in a complaint of discrimination on the basis of sexual orientation, and the company was ordered to provide the requested services, and to pay the Lesbian and Gay Archives $5000 in damages. The tribunal rejected the company's 'freedom of religion' defence, holding that the defence does not extend to corporations.
But the Ontario court reviewing the decision of the tribunal disagreed. The court ruled that the tribunal should have taken into account the religious beliefs of the owner, because human rights remedies have to be interpreted consistently with the Charter of Rights, and the Charter of Rights guarantees freedom of religion. The court agreed that Imaging Excellence Inc was properly ordered to print the letterhead, it would offend the owner's freedom of religion to have to print any material such as brochures. The freedom of religion had to be balanced with the right to be free of discrimination on the ground of sexual orientation. So the court amended the order of the tribunal, to say that it was required to provide printing services to the Lesbian and Gay Archives, "Provided that this order shall not require Mr. Brockie or Imaging Excellence to print material of a nature which could reasonably be considered to be in direct conflict with the core elements of his religious beliefs or creed."
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