A Charter motion challenging a trespass notice issued during an Occupy Ottawa demonstration at Confederation Park.
The applicant, who participated in the occupation for approximately 48 hours, was directed to vacate the park and charged with failing to comply with a trespass directive under the Trespass to Property Act.
The applicant contended that the directive infringed her rights to freedom of expression and peaceful assembly under sections 2(b) and 2(c) of the Canadian Charter of Rights and Freedoms.
The court found that although the directive did infringe these rights, the infringement was justified under section 1 of the Charter as a reasonable limit prescribed by law and demonstrably justified in a free and democratic society.
The court applied the Furtherance of Values test and the Oakes test, concluding that the city's bylaws and regulations governing park use were constitutionally valid and that the trespass notice was appropriately issued to restore the park to its lawful function.
