Today's decision in Vann Media Group Inc. v. Oakville (Town), 2008 ONCA 752 deals with an outdoor sign law in Oakville. The Court gave broad consideration to freedom of expression arguments before holding to bylaw overbroad.
In so holding the Court considered the superficially attractive argument that the sign bylaw was acceptable because there were other available forms of expression. This argument was rejected -- and sensibly. Would a ban on magazines be acceptable just because newspapers were not regulated?
The Court held:
[52] Moreover, I would not give effect to the Town's suggestion that the availability of other forms of advertising, and in particular, third party advertising in bus shelters, it has provided an adequate outlet for commercial expression so as to justify the aforementioned restrictions in the bylaw. The Town has led no evidence to indicate that this type of advertising provides an equivalent outlet for commercial expression. Nor has it shown that by allowing bus shelter advertising and enacting restrictions that effectively prohibit viable third party sign locations in areas described by this court as "unremarkable industrial zones", it minimally intruded on the s. 2(b) right.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
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