Counsel, Canadian Constitution Foundation

2 The method restriction means expression cannot be violent.3 The location restriction means expression can be excluded from a place only if it is not a public place where one would expect constitutional protection for free expression on the basis that expression in that place is compatible with the values underlying free expression, namely the pursuit of democratic discourse, truth finding or sel. [...] To determine whether the values underlying free expression would be undermined in a particular location, one must consider the historical or actual function of the place and whether other aspects of the place suggest that expression within it would undermine the values underlying free expression.4 There is nothing about news reporting without notice or permission that is incompatible with the hist. [...] The majority noted that buses are “by nature a public, not a private, space” and “like a city street, a city bus is a public space where individuals can openly interact with each other and their surroundings.”9 ETS can therefore only limit expression in the public areas of its properties using section 1 of the Charter, which requires showing the limit is demonstrably justified in a free and democr. [...] In Sun Media,10 the Quebec Court of Appeal took it as a “given” that expression was protected on transit property (in that case, those parts of transit stations between subway station entrances and turnstiles).11 The Court of Appeal upheld the lower court’s decision that found the Montreal transportation authority’s policy of contracting to distribute a single free daily newspaper in its subway to. [...] However, the court required that the policy be read down to allow expressive activity in ticket vending areas and bus interchanges where that expression did not interfere with the movement of passengers and vehicles or hinder access to the ticket machines.15 The BCSC’s decision made clear that the policy could not require those engaged in election expression in places like the ticket vending areas.