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Courts rule in favour of County on trailer signs

Justice Nicholas Devlin dismissed an application by landowners in the County challenging the municipality's ban on trailer advertising
Foothillscountycourt
Justice Nicholas Devlin has ruled in favour of the Foothills County's bylaw to have billboard trailer ads removed. A stay of four months was allowed for Gerrit Top's pro-life message in order to find an alternative with the County. The photo was taken in May of 2019. (Wheel file photo)

A fight for the right to display trailer billboard signs may not be over, despite a decision from the courts this week.

Justice Nicholas Devlin released a decision in favour of Foothills County after the municipality was challenged by Spot Ads and former County councillor Gerrit Top on whether its ban on advertising on trailers was an infringement of freedom of expression. The County’s signage bylaw and right to enforcement was upheld by the court when the application was dismissed.

Top had a trailer with a pro-life message on his property along Highway 2 south of Calgary, and was given an exception. He was provided a four-month stay to work with the County and determine a way to comply with the municipality’s signage bylaws.

“That’s fine,” said Top. “It may be appealed. We haven’t had a board meeting, so that is a decision the (High River Pro Life) board will come up with.

“There could be another hearing if they appeal it, and there could be another decision. There could be a different decision from the government’s side.”

The court case questioned Foothills County’s June 2019 decision to increase fines for illegal signage to between $1,500 and $2,000 from its previous levels of between $500 and $1,000 for those infringing on the bylaw. The new regulations further stipulate the County could increase the fines by $2,000 per day to a maximum of $10,000 for non-compliance.

There are options for signage in the County apart from vehicle and trailer signs, including properly-permitted traditional billboards affixed to the ground. County CAO Ryan Payne said the judge’s four-month stay on enforcement for Top will provide him and the Pro Life board the opportunity to work with the County and find an alternate way to display their message.

He said the Devlin’s citation document differentiated the Top property from the other six parties listed on the action, which were all with Spot Ads.

“The judge said that freedom of expression is a protected right under Section 2B of the Charter of Rights and Freedoms and given the message on that sign he would like that individual to have the opportunity to work with the County on legally conforming signage to continue to convey that message,” said Payne.

“He speaks about the other signs really being of a commercial nature rather than a freedom of expression nature. He’s differentiated the commercial gain versus the true freedom of expression and free speech as a right.”

Enforcement on the trailers had been stayed pending a court decision but will now be back in effect, he said. Trailers from each of the properties except the Top land will have to be removed.

Payne said the County would appreciate if those landowners would comply with the law and remove their signs and trailers as soon as possible to save future formal enforcement procedures and fines.

There have been additional signs spotted around the County during the last few months, and he said those property owners will be contacted as well.

“They will be receiving letters and visits from officers as well as the remaining signs that were stayed,” said Payne.

He said the County was pleased with Devlin’s ruling and hopes this will end the nearly two-year legal battle over trailer signs in the municipality.

“We’re not surprised by the direction the Justice took and we’re quite pleased by the decision, but there of course are appeal processes always available through the higher courts, and whether the higher courts choose to accept an application of appeal is another conversation all together,” said Payne. “The hope is that this decision is the decision and we’ll carry on with enforcement and time will tell.”

Representatives from Spot Ads chose not to comment and requests for comment to James Kitchen, the lawyer representing landowners opposing the trailer-ad ban were not returned prior to publication.

Krista Conrad, OkotoksToday.ca

 

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