Citations of the Code in local government bylaws and policies give the Code more authority and the force of law, and can become one part of a city’s defence in a Section 1 Charter challenge over freedom of expression.38 (Section 1 of the Charter allows fundamental rights to be justifiably limited to protect other rights, provided the infringement is reasonable and proportionate under the circumsta. [...] The court discussed the reach and authority of the Code in Paras 65-71, and said the Code can form part of a Section 1 Charter analysis, in relation to whether ads can be rejected: o Pattison Outdoor, an advertising company that many municipalities contract with, enforces a rule to adhere to the Code: “…I find the clear intent behind the agreement between the City and Pattison was that the City co. [...] Further, the judge found no evidence that the city had conducted a Charter analysis in order to minimize infringement of the advertiser’s freedom of expression.58 This case emphasizes the critical importance for cities to balance use of the Code with other considerations, including the advertiser’s freedom of expression and the city’s statutory objectives.59) The City of Lethbridge’s use of the Co. [...] The court disagreed with much of ARPA’s reasoning, for example, declining to declare that the ad was accurate, that fetuses were persons, and that the ad was exempt from the Code because it qualified as “political advertising.” However, since the City of Hamilton had not undertaken a Doré/Loyola analysis, the court remitted the matter back to the city for reconsideration. [...] The letter asked its Director of Municipal Enforcement and Town Solicitor to assess options to regulate the display and distribution of the images (report was expected in 2019 but nothing materialized), asked the Province of Ontario to limit and regulate the images, and asked the Minister of Justice of Canada to consider amending Section 163(8) of the Canadian Criminal Code, Obscene Publication.13.
Authors
- Pages
- 47
- Published in
- Canada
Table of Contents
- Definitions 2
- Introduction 3
- Harms of Aborted Fetus Imagery in Public 3
- Bylaws and Other Municipal Remedies 5
- Temporary Signs Can Be Prohibited in at Least Some Circumstances 5
- Flyers to Homes Can Be Banned or Regulated 5
- Cities Have Greater Leeway to Reject Messaging They Are Seen to Endorse 6
- Provincial and Federal Laws and Remedies 6
- Amending the Federal Criminal Code Is Difficult 6
- Provincial Considerations and Possible Remedies 8
- Provincial Bill to Require Graphic Flyers to Be In Envelopes 8
- Provincial Trespass Remedy for Graphic Flyers 9
- Canadian Code of Advertising Standards 10
- Municipalities Should Cite the Code in Bylaws and Policies 10
- Many Local Governments Already Cite the Code 11
- Courts Have Endorsed Use of the Advertising Code 12
- Regulatory Actions by Local Governments 20
- Bylaws in Response to Graphic Imagery 20
- Safe Zones Outside Schools 21
- Banning Signs Affixed to Vehicles on Private Property Along Highways 21
- Use of Other Existing Bylaws or Policies 22
- City of London Actions Against Graphic Images 23
- Viewer Discretion Bylaws in Other Cities to Regulate Graphic Flyers 25
- City of Calgary 25
- City of Woodstock 25
- Town of Ingersoll ON 25
- Town of Strathmore AB 25
- Town of Okotoks AB 26
- City of Airdrie AB 26
- City of St. Catharines 26
- City of Burlington 26
- Town of Oakville ON 27
- Township of Norwich ON 27
- Municipal Actions to Regulate Graphic Signage in Public 27
- City of Toronto Actions Against Graphic Images 29
- Conclusion 32
- Appendix 1, Complaints Against Graphic Anti-Choice Imagery 33
- Complaints Against Graphic Images 33
- Appendix 2, Local Government Citations of the Advertising Code in Bylaws and Policies 39
- Appendix 3, Bylaws Against Unacceptable Public Messaging 41
- Existing Bylaws Against Unacceptable Public Messaging 41
- ARCC’s Model “Adult Content Sign” Bylaw 43
- Summary of Charter Arguments 43
- Appendix 4, Anti-choice Ads that Contravened the Code 44
- Section 1: Accuracy and Clarity 44
- Section 14: Unacceptable Depictions and Portrayals 45
- Other Code Sections that May Apply to Anti-choice Ads 45
- Appendix 5, Graphic Images May Be Hate Speech 46
