In a judgment rendered September 8, 2020, Justice Nick Devlin of the Court of Queen’s Bench of Alberta ruled that while vehicle-advertising signs along roadways constitute a protected form of commercial expression under the Charter of Rights and Freedoms, those constitutional rights can be reasonably restricted by local governments.

Foothills County’s bylaw banning vehicle-advertising signs was at issue in the case.

Justice Devlin determined that protection of the community’s visual environment is a pressing objective sufficient to justify a limit to the right of expression, and that the bylaw advanced that objective in a fair and rational manner. By providing a number of available alternative forms of signage, the bylaw was held to only minimally restrict expression. 

In balancing the beneficial and detrimental effects of the bylaw, Justice Devlin stated: “The law recognizes that our visual environment is a resource all citizens are entitled to enjoy, and that it can and should contain personal and commercial messages of a quantity and quality that do not despoil it. By analogy, regulation in this area seeks to hold the line between being occasionally spoken to and constantly shouted at. Insisting that large roadside signs are modest in number, and are complimentary to the overall nature and aesthetics of the community as possible, is a constitutionally appropriate balance.”

This favorable decision for Foothills County ratifies the time and careful consideration taken by County Council and Administration in crafting and planning regulations respecting signage and advertising.

In this case, Dentons Canada represented Foothills County with a team led by partner Sean Fairhurst and associate Emily Shilletto.

For more information about the decision, read the article published by the Canadian Lawyer Magazine on September 25, 2020, or the official judgment.

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