The applicant, Fair Change, brought a constitutional challenge against sections 2, 3, and 5 of the Safe Streets Act, 1999, arguing they violate several Charter rights.
The court granted Fair Change public interest standing.
The court found that the deeming provisions in paragraphs 2(3)2 to 6 of the Act violate the presumption of innocence under s. 11(d) and freedom of expression under s. 2(b), and are not saved by s. 1.
The court also found that the blanket prohibitions on solicitation in certain places under clauses 3(2)(a) to (e) violate freedom of expression and are not minimally impairing, thus not saved by s. 1.
However, the court upheld the prohibition on aggressive solicitation in s. 2(2) and the prohibition on squeegeeing in s. 3(2)(f) as justified limits on freedom of expression.
The court dismissed the challenges under ss. 7, 12, and 15 of the Charter.
The unconstitutional provisions were declared of no force and effect.
