SUDBURY, ON: The Justice Centre for Constitutional Freedoms announces that the Ontario Divisional Court has ruled that the Ontario Ministry of Transportation violated the Charter rights of George Katerberg by preventing him from displaying a political billboard criticizing government officials’ response to Covid.

In a decision released today, the Court declared that the Ministry’s policy prohibiting political messaging on billboards along certain northern Ontario highways unjustifiably infringes freedom of expression protected by section 2(b) of the Canadian Charter of Rights and Freedoms. The Court struck down the policy relied upon by the Ministry and sent Mr. Katerberg’s application back to the Ministry for reconsideration.

Justice Schreck emphasized that the case was not about whether Mr. Katerberg’s views on Covid vaccines were correct, but about his constitutional right to express them.

The Court stated, “this case is about Mr. Katerberg’s freedom to express his views and not the correctness of those views,” adding that nothing in the decision should be read as endorsing or criticizing those views.

George Katerberg is a retired HVAC technician and former business owner who rented a billboard along Highway 17 near Thessalon, Ontario, in March 2024. His billboard displayed photographs of several public officials, including Prime Minister Justin Trudeau, Premier Doug Ford, Dr. Theresa Tam, and Dr. Anthony Fauci, together with the messages, “They knowingly lied about safety and stopping transmission” and “Canadians demand accountability.”

Shortly after the billboard was erected, the Ministry ordered that it be removed, alleging that a graphic on the sign was associated with white supremacy. Although Mr. Katerberg had based the design on imagery from Pink Floyd’s 1979 album The Wall and was unaware it had later been appropriated by a fringe extremist group, he immediately removed the billboard, eliminated the disputed graphic, and submitted a revised version for approval.

The Ministry then rejected the revised sign, claiming it “may be seen as promoting hatred or contempt” toward the public officials pictured. Lawyers funded by the Justice Centre commenced a constitutional challenge on Mr. Katerberg’s behalf.

After the litigation began, the Ministry reversed course, acknowledged that the revised billboard did not promote hatred, and agreed to reconsider its decision. Rather than approving the sign, however, the Ministry amended its Highway Corridor Management Manual in April 2025, introducing a new policy that effectively prohibited political messaging on billboards located on bush country highway rights-of-way while continuing to permit commercial advertising and certain community messaging. Relying on this newly amended policy, the Ministry again refused permission for Mr. Katerberg’s billboard.

The Divisional Court rejected the Ministry’s arguments, finding that political expression on roadside billboards is protected by the Charter and that there was “no rational connection” between banning political messages and the government’s stated objective of maintaining the integrity of bush country highways. The Court noted that political billboards are no more distracting or aesthetically objectionable than commercial advertising and concluded that the government’s restriction could not be justified under section 1 of the Charter.

The Court was also critical of the Ministry’s handling of Mr. Katerberg’s application, observing that “the manner in which the Ministry dealt with the applicant’s request for permission to put up his sign, which included shifting justifications based on various policies, some of which were not identified, is not to be encouraged.” The Court further noted that the Ministry should be well aware that attempting to refuse permission under a different subsection of its policy would likely result in yet another constitutional challenge.

Constitutional lawyer Chris Fleury said, “Mr. Katerberg is elated with today’s ruling. The Court was correct to criticize the Ministry’s shifting and inconsistent justifications throughout the process.”

He continued, “The decision is a welcome affirmation of the importance of political expression and that governments cannot prohibit political expression while at the same time permitting commercial advertisement.”

Mr. Katerberg said, “I knew there was nothing wrong with my sign.”

The Court declared section 5.8.2.1(a) of the Ministry’s 2025 Highway Corridor Management Manual to be of no force or effect, set aside the Ministry’s decision, and directed it to reconsider Mr. Katerberg’s application in accordance with the Court’s reasons.

The Justice Centre is Canada’s leading civil liberties organization defending Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.