Lorne Grabher v Nova Scotia Registrar of Motor Vehicles

Posted on Apr 6, 2017 in Justice Update, Latest Updates

In an effort to raise awareness about this case, and to support our legal defence of Mr. Grabher, the Justice Centre is selling ‘GRABHER’ bumper stickers. Buy your sticker and show your support for free speech, today!

The Justice Centre for Constitutional Freedoms (JCCF.ca) has filed a court application against the Nova Scotia Registrar of Motor Vehicles (the “Registrar”) after it refused to reinstate the personalized licence plate of Dartmouth, NS pensioner Lorne Grabher, whose surname was deemed too “socially unacceptable” for the road.

Lorne Grabher first purchased the personalized license plate as a gift for his late father in 1991.  It has since become a source of family pride, spanning three generations – Grabher’s son has the family name on his own personalized Alberta license plate.

Mr. Grabher received a letter dated December 9, 2016, from the Office of the Registrar of Motor Vehicles which stated that a complaint had been received regarding his personalized license plate. As a result of the complaint, the Registrar decided to cancel Mr. Grabher’s plate, despite acknowledging it was an explicit reference to Mr. Grabher’s surname. The reason provided for the cancellation was that the plate could be “misinterpreted” as a “socially unacceptable slogan”.

The Justice Centre wrote to the Registrar on March 31, 2017. In its letter, the Justice Centre calls out the Registrar’s decision as “discriminatory,” “arbitrary,” “unreasonable” and in violation of free expression as guaranteed by the Canadian Charter of Rights and Freedoms. It further states that the decision is “an affront to the dignity of Canadians, and particularly those Canadians who are not of Anglo-Saxon descent.” The letter advised the Registrar to reinstate the plate or face further legal action. The Registrar responded on April 6, 2017, indicating that it would not voluntarily reinstate Mr. Grabher’s plate.

On behalf of Mr. Grabher, the Justice Centre filed a Notice of Application with the Nova Scotia Supreme Court on May 11, 2017. A hearing date is scheduled for February 1, 2018. Prior to the application hearing, the Respondent intends to bring an Application under Rule 12 to determine a point of law as to whether the matter can proceed by way of Application or if it must proceed by Judicial Review. The Motion will be heard September 6, 2017.

 

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