An Ontario Superior Court has ruled that a billboard in northern Ontario calling former Prime Minister Justin Trudeau a liar is protected as free expression under the Charter. The decision affirms the importance of political expression and the limits of government regulation.
The case centered on a billboard erected by George Katerberg in 2022, expressing his views on COVID-19 vaccines and politicians who advocated for their use. The billboard featured the faces of Trudeau, Ontario Premier Doug Ford, and other public officials, with the caption "They knowingly lie about safety and stopping transmission."
The Ministry of Transportation ordered Katerberg to remove the sign, citing concerns about the logo used, which the ministry claimed was a "symbol of white supremacy." Katerberg disputed this assessment and revised the sign, but the ministry continued to reject it, citing concerns about promoting hatred or contempt.
The ministry later admitted it had violated Katerberg's Charter rights but instead of approving the sign, introduced a new policy banning political messages on billboards along certain highways. However, the court rejected this argument, finding that political expression on roadside billboards is protected by the Charter.
The court ruled that there was "no rational connection" between banning political messages and the government's stated objective of maintaining the integrity of the highways. The decision is a significant affirmation of the importance of free expression and the limits of government regulation.
The Justice Centre for Constitutional Freedoms, which represented Katerberg, welcomed the decision, stating that governments cannot prohibit political expression while permitting commercial advertising. The ruling has significant implications for freedom of expression in Canada.
