The applicants, operators of an event centre, were charged under a municipal by-law for operating an adult entertainment establishment without a licence after hosting a male dancer event.
They brought an application seeking a declaration that the by-law's definition of 'adult entertainment establishment' was void for vagueness and violated s. 7 of the Charter.
The Superior Court of Justice reviewed the Supreme Court of Canada's vagueness jurisprudence, distinguishing it from earlier Court of Appeal decisions that required absolute certainty.
The court held that the by-law's language, which closely tracked the Municipal Act, 2001, provided sufficient guidance for legal debate and delineated an area of risk.
The application was dismissed.
