The appellant municipality sought to restore a conviction under a municipal noise by-law after the lower courts held the provision ultra vires and unconstitutional.
The case concerned amplified music and commentary projected from a nightclub entrance onto a downtown street, raising both municipal law and Charter issues.
The majority held that, on a contextual interpretation, the by-law targeted only disruptive noise that stands out from environmental noise and therefore fell within the municipality’s delegated nuisance power.
The Court further held that the prohibition infringed freedom of expression on public streets, clarified the approach to expression on government-owned property, and concluded the infringement was justified under s. 1 because combatting urban noise pollution was pressing and the measure minimally impaired expression.
The appeal was allowed with costs, over a dissent that would have found the provision ultra vires and unjustified.
