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.
City withdraws first ticket, police issue another for the same activity
The City of Sherbrooke withdrew the original ticket issued to Mr. Jenkins on September 30, 2026, ending that prosecution before trial. However, the City neglected to notify his lawyer, Mr. Séguin, whose work on the case is funded by the Justice Centre.
Meanwhile, on October 3, 2026, police ticketed Mr. Jenkins again under the same bylaw provision while he participated in this year’s “40 Days for Life” campaign.
Unaware of the withdrawal, Mr. Séguin wrote to the City’s prosecutor on October 8, 2026, requesting prompt proceedings concerning both tickets. He explained that prolonged uncertainty about enforcement interfered with Mr. Jenkins’ peaceful expression and advised that constitutional arguments would be raised at trial.
“The City withdrew one ticket without notifying counsel, while police issued another for the same peaceful activity,” Mr. Séguin said.
“Canadians should not have to guess whether expressing their convictions will bring another prosecution. Fair process requires clear communication, consistent enforcement, and respect for constitutional freedoms. A bylaw governing commercial advertising should not be used to silence peaceful expression,” he added.
The withdrawal was a welcome outcome for Mr. Jenkins, but no court ruled on whether the bylaw applied to his peaceful expression. The second ticket remains unresolved.
Mr. Séguin is seeking a prompt hearing on the second ticket, where he intends to challenge its use to restrict Mr. Jenkins’ constitutional freedoms. A hearing date has not yet been scheduled.