Four complainants brought an application to the Saskatchewan Human Rights Commission after receiving flyers entitled "Keep Homosexuality out of Saskatoon's Public Schools!"

Rothstein J wrote that such expression "must seek to marginalize the group by affecting its social status and acceptance in the eyes of the majority"[17] in order for a rational connection to exist.

Since section 14(1)(b) only captured hate speech communicated in public, and since it applied only to expression based on existing prohibited grounds of discrimination,[18] Rothstein J found that the provision was rationally connected to the legislative objective.

However, Rothstein J found that the wording "ridicules, belittles or otherwise affronts the dignity of" contained in section 14(1)(b) of the SHRC was constitutionally invalid, since the threshold set by that language was too low and thus did not align with the legislation's purpose.

[23] Rothstein J also rejected arguments that the SHRC was overbroad because it did not require proof of intent or harm and because it did not offer any defences.

Rothstein J instead wrote that the analysis must focus on the effects of the impugned expression, not the communicator's intent,[24] that the legislature is "entitled to a reasonable apprehension of societal harm as a result of hate speech",[25] and that the absence of defences in the SHRC was not determinative; truthful statements or sincerely held beliefs do not affect the analysis, which must be undertaken from an objective standpoint.

[28] However, Rothstein J found that the infringement was justified under section 1 of the Charter, but again held that the wording "ridicules, belittles or otherwise affronts the dignity of" was unconstitutional.

Andrew Coyne called Whatcott a "calamitous decision", criticizing the Supreme Court's loose definition of "harm" and Rothstein J's finding that "truth may be used for widely disparate ends".

[39] Charlie Gillis, writing for Maclean's, described the decision as a "missed opportunity to erect robust legal protections around a bedrock Canadian value".