User:CASalt/Greater Vancouver Transportation Authority v Canadian Federation of Students

Greater Vancouver Transportation Authority v. Canadian Federation of Students — British Columbia Component
Supreme Court of Canada
Hearing: March 25, 2008
Judgment: July 10, 2009
Full case nameGreater Vancouver Transportation Authority v. Canadian Federation of Students — British Columbia Component, and British Columbia Teachers’ Federation
Citations2009 SCC 31
Docket No.31845 [1]
Prior historyJudgment for the plaintiff in the Court of Appeal for British Columbia
Holding
(1) The Charter applies to the actions of BC Transit and TransLink. Both are agents of the government because it can exercise substantial control over their day-to-day operations.

(2) This case cannot be characterized as a positive rights claim. The city accepts commercial non-political advertising but excludes political advertising based on it's character.

(3) Advertising along the sides of a city-owned bus is expressive activity protected by section 2(b) of the Charter. It is not excluded from protection by the virtue of it's location.

(4) The City's policy of excluding political advertisements does not constitute a reasonable limit on plaintiff's freedom of expression under section 1.
Court membership
Chief Justice: Beverley McLachlin
Puisne Justices: Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron, Marshall Rothstein
Reasons given
MajorityDeschamps J, joined by McLachlin CJ, and Binnie, LeBel, Abella, Charron and Rothstein JJ
ConcurrenceFish J

Greater Vancouver Transportation Authority v Canadian Federation of Students, 2009 SCC 31 is landmark decision of the Supreme Court of Canada on freedom of expression. The Court held that a municipal policy prohibiting political advertising along the sides of city-operated buses was unconstitutional.

References

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  1. ^ SCC Case Information - Docket 31845 Supreme Court of Canada
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