Deptuch v. Saskatchewan Government Insurance, (1992) 101 Sask.R. 193 (QB)

• Judge: Barclay, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: March 18, 1992
• Jurisdiction: Saskatchewan
• Citations: (1992), 101 Sask.R. 193 (QB)

Deptuch v. SGI (1992), 101 Sask.R. 193 (QB)

MLB headnote and full text

Brian Nicholas Deptuch (applicant) v. Saskatchewan Government Insurance (respondent)

(Q.B.M. No. 116 1992)

Indexed As: Deptuch v. Saskatchewan Government Insurance

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Barclay, J.

March 18, 1992.

Summary:

An application was made to Saskatchewan Government Insurance (S.G.I.) for a person­alized license plate which was to read BLZBUB. S.G.I. denied the application on the basis that the requested plate contained religious connotations. The applicant applied to the court for a declaration that S.G.I. violated his equality rights under s. 15 of the Charter and for an order of mandamus to compel S.G.I. to provide the plate.

The Saskatchewan Court of Queen's Bench denied the application.

Civil Rights - Topic 8377

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Preroga­tive writs - Mandamus - Saskatchewan Government Insurance (S.G.I.) denied an application for a personalized license plate, which was to read BLZBUB, because S.G.I.'s policy was not to issue plates containing religious connotations - The applicant applied for an order of mandamus to compel S.G.I. to provide the plate - The Saskatchewan Court of Queen's Bench held the applicant had not established the prerequisites for an order of mandamus - There was no legal right to a personalized plate and S.G.I. reserved the right to refuse any selection - See para­graphs 6 to 15.

Civil Rights - Topic 8591

Canadian Charter of Rights and Freedoms - Practice - Onus or burden of proof - Saskatchewan Government Insurance (S.G.I.) denied an application for a per­sonalized license plate, which was to read BLZBUB, because S.G.I.'s policy was not to issue plates containing religious conno­tations - The applicant applied for a de­claration that S.G.I. had violated his e­quality rights under s. 15 of the Charter - The Saskatchewan Court of Queen's Bench held the applicant failed to meet the onus of proving that his equality rights had been violated - The applicant did not produce any evidence that discrimination occurred - See paragraphs 19 to 24.

Civil Rights - Topic 8666

Canadian Charter of Rights and Freedoms - Equality rights - Meaning of discrimi­nation - Saskatchewan Government Insur­ance (S.G.I.) denied an application for a personalized license plate, which was to read BLZBUB, because S.G.I.'s policy was not to issue plates containing religious connotations - The applicant applied for a declaration that S.G.I. had violated his equality rights under s. 15 of the Charter - The Saskatchewan Court of Queen's Bench held the applicant's equality rights had not been violated - S.G.I.'s policy did not treat different classes of people differently, no one was allowed to use personalized plates to convey religious messages - See para­graphs 25 to 30.

Civil Rights - Topic 8668

Canadian Charter of Rights and Freedoms - Equality rights - What constitutes a breach of s. 15 - [See Civil Rights - Topic 8666 ].

Cases Noticed:

Pacific Investments Ltd. v. Delano et al. (1983), 148 D.L.R.(3d) 561; 57 N.S.R.(2d) 427; 120 A.P.R. 427 (S.C.T.D.), appld. [para. 9].

Ridge et al. and Council of Saskatchewan Association of Architects, Re (1979), 1 Sask.R. 305; 108 D.L.R.(3d) 441 (Sask. C.A.), folld. [para. 12].

R. v. Johnson et al., [1979] 2 W.W.R. 571 (Sask. C.A.), folld. [para. 15].

R. v. Paul Magder Furs Ltd. (1989), 49 C.C.C.(3d) 267; 33 O.A.C. 81; 69 O.R.(2d) 172 (C.A.), folld. [para. 20].

MacKay v. Manitoba, [1989] 6 W.W.R. 351; 99 N.R. 116 (S.C.C.), folld. [para. 22].

R. v. Ertel (1987), 35 C.C.C.(3d) 398; 20 O.A.C. 257 (C.A.), appld. [para. 26].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 15(1) [para. 16].

Counsel:

S. Rabb, for the applicant;

D. Kuss, for the respondent.

This application was heard before Barclay, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on March 18, 1992.