How have courts dealt with expression in public places?
Ontario, Canada
The following excerpt is from Counter v. Toronto (City of), 2002 CanLII 26796 (ON SC):
The Court again dealt with expression in public places in Ramsden v. Peterborough (City), 1993 CanLII 60 (SCC), [1993] 2 S.C.R. 1084. Ramsden involved a challenge of a municipal by-law prohibiting postering on any public place within the municipality. Iacobucci J. determined that the complainant met both the expression and violation components of section 2(b) since postering on some public property is protected under section 2(b), and that a section 1 analysis was appropriate. The by-laws in question in Ramsden were enacted to reduce littering, aesthetic blight, and traffic and other hazards, which were sufficiently important purposes to justify some limitation on protected expression. However, a total ban on postering on all public property did not meet the minimal impairment component of the section 1 test.
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