The defendant was charged with busking on a public highway without a permit contrary to the City of Toronto Municipal Code.
The defendant argued that the by-law unjustifiably infringed his freedom of expression and peaceful assembly under sections 2(b) and 2(c) of the Charter.
The court found that while musical performance is protected expression, the by-law is a reasonable regulation of shared public space and does not prohibit expression altogether.
The Charter challenge was dismissed, the defendant was found guilty, and a reduced fine of $250 was imposed due to his limited financial means.
