Aylmer Election Speech Restrictions
The CCF secured a victory for freedom of expression after the Town of Aylmer, Ontario, backed down from municipal election guidance that improperly restricted candidates’ free expression.
The Canadian Constitution Foundation assisted John Robertson, a councillor in Murray Harbour, P.E.I. facing sanctions and possible removal from council over a sign on his private property expressing his views on the Residential Schools “mass graves” narrative.
After complaints from fellow councillors, an investigation found the sign which read “Truth: Mass Grave Hoax. Reconciliation: Redeem Sir John A’s Integrity” violated the municipality’s Code of Conduct. The CCF argued that Robertson was exercising his constitutional right to free expression on a matter of public interest and that political disagreement should be resolved by voters, not censorship. The case was heard on February 6 and 7, 2025.
In an August 2025 decision, Prince Edward Island Supreme Court Justice Coady dismissed Councillor John Robertson’s challenge to the sanctions, ruling that he filed his judicial review application too late. However, Justice Coady found that the case had “a reasonable prospect of being successful on the merits” if it had been filed on time.
While disappointed by the ruling, the Canadian Constitution Foundation noted the judge’s acknowledgment that the underlying free-expression challenge had a reasonable chance of success.
Related Cases
Online Reviews as Free Expression (Benchwood Builders v Prescott)
In Cynthia Prescott, et al. v. Benchwood Builders Inc., et al., the Supreme Court of Canada will consider whether homeowners can be sued for defamation over negative online reviews about a contractor.
Skater Arrested for Holding Sign (R v Allossery)
A Windsor man was handcuffed and ticketed after peacefully skating outside City Hall while holding a protest sign, prompting the Canadian Constitution Foundation to assist with his defence.