Dr. Richard Thain versus….”We Consider This Matter Closed.”
On September 20, 2014, the Canadian Museum for Human Rights was opened to the public. Located in the City of Winnipeg, one of the Museum’s guiding principles is to inspire human rights, reflection and dialogue. It is a principle that ought, perhaps, to have been given closer attention when Dr. Richard Thain was advised that his interest to place a series of advertisements on the City of Winnipeg’s buses was rejected.
Dr. Thain had planned to advertise his opposition to the public funding of Catholic school systems in Canada. His idea was to leverage local and national media coverage of the museum’s grand opening to bring attention to his position on this issue. Thain worked with a professional advertising designer to develop a series of simple and elegant bus-ads. The theme of the ads was that the system of public funding for Catholic schools in Ontario is a human rights disgrace. The ads contained no images, words or phrases that could reasonably be considered offensive. The only contained a message that some people might disagree with.
Thain grounded his views with a position taken in 1999 by the United Nations Human Rights Committee when indicating that the provision of funding to Catholic school systems while simultaneously denying it to all other religious groups is discriminatory. Thain hoped to inspire intelligent, reasonable public discourse on this long-standing issue.
Thain contacted Pattison Outdoor Advertising, the firm responsible for the management of the City of Winnipeg’s bus advertising at the time, to gain access to advertising space. During the back-and-forth of price negotiations and content review, he began to understand that some of the “higher-ups” did not agree with his views and planned to put an end to his campaign. It was then that he received a letter advising that his ads would not appear via the Winnipeg Transit system and that he would not be provided an explanation of why his ads had been blocked. No one from the City of Winnipeg called him as he had requested.
Thain says that he received a letter from the City of Winnipeg’s agent, one of Canada’s most powerful and influential advertising agencies, that contained a five-word sentence which altered his view of human rights in ways that he could not have imagined. The sentence read, “We consider this matter closed.”
No dialogue. No reflection. No right to self-expression.
Thain’s initial shock soon passed and he was struck by the need to confront a deep and worrisome dilemma. What do you when authorities tell you to go away? How do you fight City Hall? Thain decided that the matter was not closed. He decided to sue the City of Winnipeg and Pattison Outdoor Advertising.
In the summer of 2017, Thain procured Winnipeg-based legal counsel, Thompson Dorfman Sweatman LLP to represent him in his response. Thain believes that he has been denied his charter right to freedom of expression. and has launched a legal suit against the City of Winnipeg and Pattison Outdoor Advertising. The parties in the suite are set for an examination for discovery on January 30 & 31. 2020 – 62 months since the attempted advertising campaign. An examination for discovery process is intended to help all parties in a law suit find out about the other side’s case. Generally the idea is for each party to find out what the other parties have to say about the matters contained in the lawsuit, to see whether there are areas of agreement and to try to obtain admissions which could be used during a trial.
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