City of Hamilton not appealing Ontario Superior Court of Justice decision regarding removal of bus shelter ads in 2016
HAMILTON, ON - The City of Hamilton will not appeal an October Ontario Superior Court of Justice Divisional Court decision regarding the City’s removal of bus shelter ads placed by the Christian Heritage Party of Canada and the CHP Hamilton-Mountain Electoral District Association in 2016.
The Court felt the City did not have enough evidence to prove that its decision was substantiated based on its own policies, procedures and protocols, and that there was insufficient evidence as to whether the City sufficiently balanced Charter rights. Subsequently, the City’s legal counsel has advised not appealing the case as it is not likely to be successful, the only result is likely to be further cost to the city.
While the City feels it was acting in the best interest of the public when it decided to remove the ads, it acknowledges there are opportunities to improve policies, procedures and protocols to ensure future decisions balance Charter rights including freedom of speech with the rights and interests the City sought to protect.
The City will begin a review of its advertising policies, procedures and protocols in January. A cross-departmental working group has been convened to conduct the review.
While the City is not appealing this decision, it remains committed to equity, diversity and inclusion, and that commitment is further entrenched in the way the City conducts its business and in its delivery of services to the community:
- actioning our overarching Diversity & Inclusion Strategy approved by Council in June 2017, which includes our transgender protocol approved by Council in March 2017 designed with the help and support of a number of community members and features lived experiences of local Hamilton non-binary individuals.
- policies and training programs around Harassment and Discrimination Prevention in the Workplace and Personal Workplace Harassment Prevention.
- over 30 Volunteer Advisory Committees intended to share the voice of the community with Council to inform future policy and initiatives.
Background
In August 2016, the City removed advertising from City bus shelters placed by the Christian Heritage Party of Canada and the CHP Hamilton-Mountain Electoral District Association as the City deemed the ads not in keeping with its desire to foster a safe and welcoming community for all, and felt it was within its purview to subsequently remove the ads. The City was subsequently taken to court by the Christian Heritage Party of Canada for removing the ads. In October 2018, the Court released its judgment and overturned the City’s decision to remove the ads and the subsequent decision by Council to support the removal.