Robin Basu

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.

The applicants, representing members of Ontario's Sinhalese diaspora, brought applications challenging the constitutionality of the Tamil Genocide Education Week Act, 2021.

They argued the Act was ultra vires the province and violated their rights under sections 2(b) and 15 of the Charter.

The Superior Court of Justice dismissed the applications, finding that the Act is in pith and substance related to education, which falls within provincial jurisdiction.

The court further held that the Act does not restrict freedom of expression, nor does it create a discriminatory distinction based on enumerated or analogous grounds.