 In the 2009 case "Warman v Lemire", the Canadian Human Rights Tribunal ruled that section 13 was an unconstitutional infringement of freedom of expression.The Tribunal distinguished the provision in place at that time from the earlier version the Supreme Court of Canada had ruled on, finding that amendments in the intervening years made the provision more penal in nature.Since the Tribunal did not have the authority to declare sections of the "Canadian Human Rights Act" invalid, it declined to apply section 13 in that case.