Priscilla Atkinson

The applicant sought judicial review of the Minister of Transportation's decisions to request a medical examination and subsequently suspend his driver's licence, as well as the Licence Appeal Tribunal's decision dismissing his appeal for lack of jurisdiction.

The Minister's actions were prompted by a police report raising concerns about the applicant's hearing and vision.

The Divisional Court dismissed the application, finding the LAT reasonably concluded it lacked jurisdiction under the Highway Traffic Act to hear the appeal.

The Court also held that the Minister's decisions were reasonable, procedurally fair, and did not violate the applicant's Charter rights.

The applicants, animal rights activists, challenged the constitutionality of the Security from Trespass and Protecting Food Safety Act and its Regulation.

They argued that provisions voiding consent to enter agricultural premises if obtained under false pretences, and provisions prohibiting interaction with farm animals, violated their Charter rights to freedom of expression and assembly.

The court found that the Act's prohibition on interacting with animals did not violate the Charter, as there is no constitutional right to physically interact with another's private property.

However, the court held that Section 9 of the Regulation, which penalized any false statement made to gain access to agricultural premises, unjustifiably infringed freedom of expression.

The court struck down Section 9 and certain limitations within the whistleblower and journalist exemptions, while upholding the rest of the Act.