Restrictive Election Sign By-laws Unconstitutional

Council’s 24 minute debate about a shorter time frame to display election signs at the April 13 meeting was unnecessary. 

While the discussion focused on personal anecdotes and reminiscences, municipalities province-wide updated their election sign by-laws after being made aware of a 2025 court decision.

Like earlier court decisions, the Ontario Superior Court determined that certain time-based restrictions constituted an unjustifiable infringement on freedom of expression under Section 2(b) of the Canadian Charter of Rights and Freedoms.

Some municipalities aligned the sign by-law amendments with the strategic goal of supporting community well-being by balancing rights, safety and fairness.

The RTT article notes BJ Wilder’s research showed everyone except LaSalle is using May 1 as the starting point for allowing signage. 

According to information posted to their accounts, Essex restricts signs until 45 days before the election and Tecumseh candidates must wait until September 19.

The Superior Court judge was not convinced by the argument that other municipalities had adopted similar restrictions.  

The court decision notes in part, “it is not sufficient for the Township to say, ‘we are doing what everyone else is doing.’  

The Township must present evidence of a search for a minimally impairing solution. In this case, there is no evidence that the Township, or any of the municipalities whose practices it relied on, did so.  

The township also did not sufficiently demonstrate why election signs required more rigorous location restrictions than other types of signs such as those promoting real estate sales or community events.Interestingly, the judge noted a dual effect of the restrictive sign by-law. “By limiting the display of election signs, the Township was also limiting when citizens could express their political views by displaying election signs on private property.”

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