Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses freedom of expression.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Municipalities around Canada have restrictions that limit the ability to display billboards. An individual in Montreal who wanted to display billboards on his property brought an action against the city arguing that they didn’t have the authority to restrict billboards because it would involve infringing on his Charter Right protection to freedom of expression.
The Supreme Court of Canada missed an opportunity here to clarify the law to provide well-reasoned interesting opinions on constitutional issues and to deal with the rights of municipalities to infringe on constitutional rights with a section one analysis which was done at the Court of Appeal Level.
Watch the video for more.