The applicant, Charles Frederick Armstrong, challenged the constitutionality of the Township of Russell’s Sign By-Law, which restricted the display of municipal election signs.
The court found that the by-law violated Armstrong’s freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms and that the violation was not justified under section 1.
The court also found that the Township was unjustly enriched by requiring Armstrong to pay $450 for the return of his signs, which had been removed under the unconstitutional by-law.