Hyperlawhypertext legal database Vann Niagara Ltd. v. Oakville (Town) 2003 SCC 65

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Vann Niagara Ltd. v. Oakville (Town)

2003 SCC 65 [2003] 3 SCR 158 Court SCC Decision date 2003-11-13 Docket 29359 English

PartiesCorporation of the Town of Oakville Appellant·Vann Niagara Ltd. Respondent

Judges McLachlin, Beverley; Iacobucci, Frank; Major, John C.; Bastarache, Michel; Binnie, William Ian Corneil; Arbour, Louise; LeBel, Louis; Deschamps, Marie; Fish, Morris J.

Delivered by Arbour J.

On appeal from Ontario

Subjects Constitutional law

Contents

Arbour J.

Arbour J. — There is no appeal from the unanimous decision of the Ontario Court of Appeal that the by-law prohibiting third party signs is unconstitutional.
We agree with MacPherson J.A. that the by‑law limiting the size of signs to 80 square feet (7.5 square meters) infringes s. 2(b) of the Canadian Charter of Rights and Freedoms but is saved under s. 1 as it minimally impairs the freedom of expression of the respondent.
The appeal is allowed, the judgment of the Court of Appeal on that issue is set aside and the constitutional questions** are answered in the affirmative. The appellant will have its costs in this Court. Each party will bear its own costs in the Court of Appeal.

Footnotes

  1. [1] * Revised January 20, 2004.
  2. [2] ** On March 11, 2003, the following constitutional questions were stated by the Chief Justice: 1. Does s. 2(5)(a) of the Town of Oakville By-law No. 1994-142 infringe the right to freedom of expression guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms ? 2. If so, is the infringement a reasonable limit, prescribed by law, as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

Statutes and regulations cited