Josh Dehaas: Alberta\u0027s likely unconstitutional chill on lawful protests
More controversially, the act bans “wilfully enter on any essential infrastructure” without “lawful right, justification or excuse,” suggesting that simply setting foot on certain land with a Greenpeace sign and a megaphone could lead to a fine of up to $10,000 and up to six months in prison.
These limits exist because “one’s rights are always circumscribed by the rights of others,” Lamer said. However, he also made clear that “parks and public roads” have functions that will “generally not be interfered with by the exercise of freedom of expression.”Article content continued Ontario Court of Appeals Judge B.W. Miller applied these principles in a 2017 case. Fort Erie, Ont., had banned Fredrick Bracken from protesting at the town hall against a marijuana facility. Miller wrote that Bracken’s right to free expression had been violated because town hall is “a place where free expression not only has traditionally occurred, but can be expected to occur in a free and democratic society.
Where Alberta’s law may go too far is that the list of places it bans people from “wilfully entering onto” without “lawful right, justification or excuse” includes provincial highways.Article content continued
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