The applicant, a non-profit organization serving the Vietnamese community, sought judicial review of the City's decision refusing permission to fly the flag of the former South Vietnam on a courtesy flagpole at City Hall.
The City's policy restricted national flags to those of nations recognized by the federal Department of Foreign Affairs.
The Divisional Court held that it had jurisdiction to review the decision but dismissed the application.
The court found no violation of freedom of expression under s. 2(b) of the Charter, as the flagpole was not a public forum and the policy did not aim to suppress expression.
The court also rejected arguments based on legitimate expectations and unreasonableness.
