Introduction to Case Studies

The objective of a case study is to identify which aspect of law will apply in deciding the issue:

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:

Should Ramsden have been charged?Should the city be successful when it goes to court?Why or why not?