Case Study

MG131 - Introduction to Canadian LAw

Ramsden v. Peterborough (City) [1993] 2 S.C.R. 1094, 106 D.L.R. (4th) 233 (SCC)

This is a classic case dealing with freedom of expression. The City of Peterborough had passed a bylaw prohibiting the posting of any material on city property. The bylaw prohibited the posting of "any bill, poster or other advertisement of any nature," on any "tree . . . pole, post, stanchion or other object . . ." within the city limits. Ramsden put up advertising posters on several hydro poles to advertise an upcoming concert for his band. He was charged with committing an offence under the bylaw. It is not disputed that he posted the bills on the hydro pole.

Question:

Indicate what defences he might have to the charge and the arguments for both sides and likely outcome.