Ramsden v. Peterborough (City)
Encyclopedia
Ramsden v. Peterborough, [1993] 2 S.C.R. 1084 is a leading Supreme Court of Canada
decision where the Court struck down a bylaw prohibiting all postering on public property on the grounds that it violated freedom of expression under section 2(b)
of the Canadian Charter of Rights and Freedoms
.
of the Charter.
, writing for a unanimous Court, upheld the decision of the Ontario Court of Appeal.
Iacobucci examined the test for freedom of expression. He stated that section 2(b) is violated where a law, in either purpose or effect, limits expression. He found that the purpose of the bylaw was to do just that. Postering was a form of expression as it conveyed some meaning.
Iacobucci found that even though the purpose of the bylaw was meritious, the absolute ban was not justifiable.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision where the Court struck down a bylaw prohibiting all postering on public property on the grounds that it violated freedom of expression under section 2(b)
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
Background
Kenneth Ramsden was charged on two separate occasions placing posters on hydro poles advertising his band. He claimed that the bylaw was unconstititutional. A justice of the peace found that the bylaw was constitutional and he was fined. The decision was upheld on appeal to the Provincial Court. However, on appeal to the Court of Appeal for Ontario the decision was overturned and it was held that the bylaw was in violation of the right to freedom of expression and could not be saved under section 1Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
of the Charter.
Opinion of the Court
Justice IacobucciFrank Iacobucci
Frank Iacobucci, CC was a Puisne Justice on the Supreme Court of Canada from 1991 to 2004 when he retired from the bench. He is an expert in business and tax law.-Early career:...
, writing for a unanimous Court, upheld the decision of the Ontario Court of Appeal.
Iacobucci examined the test for freedom of expression. He stated that section 2(b) is violated where a law, in either purpose or effect, limits expression. He found that the purpose of the bylaw was to do just that. Postering was a form of expression as it conveyed some meaning.
Iacobucci found that even though the purpose of the bylaw was meritious, the absolute ban was not justifiable.