W. Luke

The defendant was charged with busking on a public highway without a permit contrary to the City of Toronto Municipal Code.

The defendant argued that the by-law unjustifiably infringed his freedom of expression and peaceful assembly under sections 2(b) and 2(c) of the Charter.

The court found that while musical performance is protected expression, the by-law is a reasonable regulation of shared public space and does not prohibit expression altogether.

The Charter challenge was dismissed, the defendant was found guilty, and a reduced fine of $250 was imposed due to his limited financial means.

The defendant corporation was charged with installing a sidewalk café without a permit and operating an eating or drinking establishment without a licence, contrary to the Toronto Municipal Code.

The defendant failed to appear, and the trial proceeded ex parte.

Based on the uncontroverted evidence of the municipal licensing officer, the court found the defendant guilty on both counts.

The court imposed fines totalling $5,400.