Telecommunications falls under federal jurisdiction and the messages at issue here were relayed through telecommunications. Given the similarity of the issues in this case, the Federal Court Trial Division adopts certain aspects of the Supreme Court's analysis in Taylor . The Supreme Court of Canada in Taylor found that Parliament's objective of promoting equal opportunity, free of discriminatory penalties, was of sufficient importance to warrant overriding the rights set out in s. 2, and the Court finds that this ruling should be respected. Furthermore, the Court finds that the argument that the inclusion of sexual orientation is tantamount to legitimizing or legalizing bestiality and pedophilia has little merit. Pedophilia is a sexual desire directed towards children.
Bestiality refers to copulation between a human being and an animal.
Sexual orientation refers to an individual's preference with respect to gender. It is not vague or overly broad, and has been found to be an analogous ground under s. 15 of the Charter . In conclusion, the Court finds that the Tribunal did not err with respect to jurisdiction or otherwise, and consequently there are no grounds for intervention.