WIARTON, ON: The Justice Centre for Constitutional Freedoms welcomes the repeal of a Town of South Bruce Peninsula bylaw that restricted peaceful expression in public spaces.
The Town’s former “Public Nuisance” bylaw prohibited Charter-protected activities such as peaceful protest, picketing, and exchanging ideas or opinions in public places without prior approval from the municipality. However, the Town provided no process by which to obtain approval, making it effectively impossible to comply with the bylaw and leaving citizens uncertain about their rights and their exposure to potential penalties.
The bylaw broadly defined “picketing” to include activities such as displaying signs, wearing clothing with messages, or even standing, sitting, or being silent in public spaces. The bylaw also prohibited “loitering,” defined as simply lingering or remaining in a public place, without any requirement for the loitering to cause a disturbance. In addition, the bylaw restricted a wide range of ordinary activities in parks, streets, and beaches.
These sweeping restrictions went far beyond regulating nuisances and instead constituted an unjustified infringement on Canadians’ fundamental freedoms. The bylaw granted overly broad discretion to municipal officials, increasing the risk of arbitrary enforcement.
Lawyers funded by the Justice Centre were in discussions with counsel for the Town about these issues and were preparing an application seeking to strike down many of the provisions of the bylaw on constitutional grounds.
The Justice Centre is Canada’s leading civil liberties organization fighting for 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.
