The Attorney General of Ontario appealed a Superior Court decision striking down provisions of the Security from Trespass and Protecting Food Safety Act, 2020 and its Regulation.
The application judge had found that provisions invalidating consent to enter a farm obtained under false pretences violated the freedom of expression of animal rights activists seeking to conduct undercover exposés.
The Court of Appeal allowed the appeal, holding that the activists' claim was a positive rights claim seeking access to private property on their own terms.
The Court found that the legislation did not substantially interfere with freedom of expression and that any limits were justified under section 1 of the Charter.
