Police fine activist under regulation limited to commercial advertising
Lawyers funded by the Justice Centre are bringing a constitutional challenge on behalf of Brian Jenkins after he was fined by local police for peacefully expressing his views at a public rally in Sherbrooke. Mr. Jenkins, an outreach director for a non-profit organization, was participating in a pro-life rally on November 1, 2025, on Belvédère Street, where he wore a placard in front of and behind him displaying his convictions.
A police officer issued a fine under a municipal by-law that prohibits the use of “sandwich boards” in public places, despite the fact that the by-law applies explicitly and exclusively to commercial advertising and solicitation.
Mr. Jenkins was not advertising, selling, or promoting any commercial activity.
Mr. Jenkins said, “I was confused when I was told that I was in violation of a municipal ordinance, especially since I had not been approached in the previous four years while doing the same activity.”
Lawyers warn of regulatory overreach and viewpoint suppression
Constitutional lawyer Olivier Seguin says the enforcement of the by-law represents a clear misuse of municipal authority.
“This is a case where law enforcement agencies, in addition to applying their regulations in a clearly illegal manner, attempted to use them to suppress speech they did not like,” Mr. Seguin said.
He added, “In a modern society where almost all areas of life are regulated, it is essential that regulations are applied for legitimate, relevant purposes, and not for the purpose of persecution.”
Lawyers argue that the case raises broader concerns about the use of municipal regulations to suppress peaceful expression on matters of public debate, even where the governing law clearly limits enforcement to commercial activity.
A hearing date has not yet been scheduled.