KITCHENER -- An Ontario wedding videographer has come under fire after allegedly refusing to film a same-sex couple's wedding because of their sexual orientation.
Kelly Roberts and Mallory Arthur are set to get married in October of next year. The Woodstock couple had been looking for a wedding videographer and say they reached out to Caramount Pictures, based in Brantford.
A screenshot of an email that appears to be from the company thanked the couple for their interest and congratulated them on their engagement before taking a turn.
"I say this with much care, because I know that your union is incredible important to you, but we do not film homosexual weddings," the email reads in part.
Multiple attempts by CTV outlets in Ontario to contact the company went unanswered, including attempts made over Instagram, Facebook and the company's website.
The company's social media accounts have since been deactivated following a slew of negative comments and reviews condemning the behaviour. An email to the company bounced back as undeliverable, and a phone number listed online appears to have been disconnected.
The public backlash begs the question: can a business refuse to serve a same-sex couple?
The legality
The short answer is no.
The Ontario Human Rights Code was created to provide equal rights and opportunities for every person in the province.
"A person cannot be treated unequally or harassed in these areas because he or she is gay, lesbian, heterosexual or bisexual. It is also illegal to discriminate because someone is in a same-sex relationship," a brochure on the Ontario Human Rights Commission's website explains.
"People cannot be denied services because of their sexual orientation, despite how the service provider or other customers might feel."
Susan Toth, a London, Ont. lawyer who deals with human rights cases, says that, while businesses are private, they are ruled by human rights legislation.
She says that the company's response appears to be in contravention of Sec. 1 of the Ontario Human Rights Code.
While there are exceptions for some wedding officiants—one of whom also turned down Roberts and Arthur because of their sexual orientation—Toth adds that this kind of situation is still happening too often.
“Unfortunately, I do see these issues on a regular basis, although often the discrimination is harder to prove as it is either systemic or more subtle, where it is clear that discrimination is occurring, but not explicitly stated.”
"Discrimination happens when a person is treated unequally or differently because of sexual orientation or a same-sex relationship, and it results in a disadvantage to that person," the brochure on the Ontario Humane Rights Commission reads in part.
"It is also against the law to tell others to discriminate because of sexual orientation. Discrimination can result from a person’s actions or from an organization’s rules and policies."
The most specific indicator in the brochure addresses services settings, specifically using a restaurant as an example of discrimination.
In that case, a restaurant cannot refuse service to a same-sex couple because the manager thinks the other costumers won't want them there.
Anyone who feels that they have been discriminated against can file a human rights complaint.
With files from CTV London's Amanda Taccone and Celine Zadorsky, and CTV Toronto's Sean Leathong
