Court to hear Charter challenge over North Huron trespass notices

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Public meeting (Courtesy of Tzido)
Public meeting (Courtesy of Tzido)

Court to hear Charter challenge over North Huron trespass notices

Public meeting (Courtesy of Tzido)
Public meeting (Courtesy of Tzido)

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GODERICH, ON: The Justice Centre for Constitutional Freedoms announces that lawyers funded by the Justice Centre will appear before the Ontario Superior Court of Justice in Goderich on Wednesday, August 19, 2026, on behalf of North Huron residents Stephen Hill and Bradley Carther.

The case arose after a Township of North Huron bylaw prohibiting members of the public from recording council meetings formed the basis for an initial trespass notice issued to Mr. Hill and Mr. Carther. After they breached that notice, the Township issued six-month trespass notices preventing them from entering the Township office, including council chambers. Lawyers funded by the Justice Centre are now challenging both the trespass notices and the since-repealed recording prohibition on which the initial notice was based.

Lawyers funded by the Justice Centre argue that recording public officials conducting public business and attending council meetings in person are forms of expression protected by section 2(b) of the Canadian Charter of Rights and Freedoms.

The Township’s procedure bylaw previously prohibited recordings of council meetings other than the Township’s official recording. On March 3, 2026, it amended that provision to allow public recording, subject to certain restrictions. In its responding factum, the Township argues that the case is therefore moot and that citizens have no right to attend council meetings in person when virtual access is available.

Lawyers funded by the Justice Centre argue that the Township improperly used its trespass powers to exclude Mr. Hill and Mr. Carther from council chambers based on a recording prohibition that violated freedom of expression protected by section 2(b) of the Charter.

Constitutional lawyer Darren Leung said, “A municipality should not be able to use trespass powers to keep citizens out of council chambers for exercising their constitutional right to record public proceedings.”

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.

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