The applicant sought declarations that a regulation prohibiting abusive or insulting language in Niagara Parks infringed his freedom of expression under the Charter, after he was charged for swearing at police officers while holding a profane political sign.
The court held that the regulation was not vague or overbroad, and that given the historical and actual function of the park as a natural and tourist attraction, abusive language was likely not protected speech.
Alternatively, any infringement was justified under section 1 of the Charter.
The application was dismissed in its entirety.
