2 total
The court upheld a municipal sign by-law restricting third-party advertising as a justified limit on freedom of expression.
The Town of Oakville appealed the dismissal of charges against a mobile sign company for violating the town's sign by-law.
The trial judge found section 39(3) of the by-law, which restricted third-party advertising signs to E1 and E2 industrial zones, violated freedom of expression under the Canadian Charter of Rights and Freedoms and was not justified under section 1.
The appellate court reversed, finding the trial judge erred in failing to accord appropriate deference to municipal policy decisions, mischaracterizing the nature of commercial expression, and failing to properly apply the minimal impairment test under the Oakes framework.
The court upheld the by-law as rationally connected to legitimate municipal objectives and proportionate to those objectives.
Section 718.02 of the Criminal Code applies to uttering death threats against a peace officer.
The offender pleaded guilty to uttering death threats against a police officer and possession of marijuana.
The court considered whether section 718.02 of the Criminal Code, which requires primary consideration of denunciation and deterrence for offences against peace officers, applies to uttering death threats.
The court concluded that a generous and liberal interpretation of section 718.02 includes uttering threats to a peace officer.
Emphasizing the need to protect police officers, the court sentenced the offender to a 30-day jail term, a 5-year weapons prohibition, a DNA order, and a victim fine surcharge.
