The appellant erected a sign on his building expressing dissatisfaction with his insurance company.
He was convicted of contravening a municipal by-law that prohibited advertising signs outside industrial zones.
The Supreme Court of Canada held that the by-law infringed freedom of expression under s. 2(b) of the Charter, as consumers have a constitutional right to engage in 'counter-advertising' to criticize products or services.
The Court found the infringement was not justified under s. 1, as the by-law was arbitrary, did not minimally impair the right, and its impact was disproportionate to the goal of preventing visual pollution.
The appeal was allowed, the by-law provisions were declared invalid, and an acquittal was entered.
