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www.oakvillebeaver.com The Oakville Beaver, Wednesday November 12, 2008 - 9 Town loses billboard appeal Ontario Court rules ban infringes freedom of expression By Tracey Tyler TORSTAR NEWS SERVICE The Ontario Court of Appeal has dealt a major blow to the Town of Oakville's attempt to restrict the use of billboards, a move designed to cut visual pollution and preserve the community's "character." In a 3-0 ruling Monday, the court found that much of a controversial anti-billboard bylaw passed by the Town Council in 2005 was an unreasonable "intrusion" on the right to freedom of expression. The bylaw relegated billboards to what the court described as "tiny pockets" within the municipality. They were banned, for example, from properties with buildings or other signs and couldn't be erected within 200 metres of any of the major north-south arteries, including Trafalgar Road, Dorval Drive, Kerr Street and Winston Churchill Boulevard. "Although the dominant use of billboards is to convey commercial messages, they are, on occasion, used to convey political, personal, charitable and many other types of messages." Justice Paul Rouleau In fighting to defend its bylaw in the face of a legal challenge from Vann Media Group Inc., the Town argued that messages conveyed on billboards fall outside the core form of expression protected by the Charter of Rights and Freedoms. The Town's lawyers argued that since there were other places to advertise, including bus shelters, the ability to use billboards was of diminished importance. Their arguments, however, were rejected by the court Monday. Justice Paul Rouleau, who wrote the judgment, said that while third-party advertising on billboards is "somewhat removed" from the focus of the Charter's protections on freedom of expression, these signs are more than just a venue for commercial speech. "Although the dominant use of billboards is to convey commercial messages, they are, on occasion, used to convey political, personal, charitable and many other types of messages," he said. The court ordered the Town to grant permits to Vann Media, which had applied to erect signs at 52 locations. The court left intact sections of the bylaw prohibiting billboards within 200 metres of residential areas, as well as north of Highway 5 and along the QEW and Highway 403 corridors. The decision takes effect in six months, which gives the Town time to seek a further appeal to the Supreme Court of Canada. PLUM fresh innovative NOW BOOKING CORPORATE CHRISTMAS PARTIES CALL OR EMAIL FOR DETAILS YOUR CORPORATE CATERING SPECIALISTS culinary expertise, caring service, experience and event planning will take your event from ordinary to extraordinary. 905-844-7110