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ARTICLE · 08 FEBRUARY 2011

Vancouver (City) v. Zhang

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This appeal was concerned with whether a by-law prohibiting the construction of new structures on city streets without first obtaining written consent from the City of Vancouver was constitutionally valid (the "by-law").

CanadaGovernment, Public Sector
Faren Bogach
Faren Bogach
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(2010) 325 D.L.R. (4th) 313 (B.C.C.A.) (Released 19 October 2010)

Enforcement of Municipal By-Laws – Injunctions – Constitutional Law – Freedom of Expression under s. 2(b)

This appeal was concerned with whether a by-law prohibiting the construction of new structures on city streets without first obtaining written consent from the City of Vancouver was constitutionally valid (the "by-law").

Falun Gong practitioners set up banners and a makeshift shelter and meditation hut in front of the Chinese Consulate in the City. The structure was primarily located on the grassy portion of a City street. The City brought a successful application for an injunction requiring the practitioners to remove the structures and prohibiting them from placing new structures on the street. The BCSC found that this method of expression was not protected by s. 2(b) of the Charter. The BCSC held that, in any event, the by-law was reasonably justified under s.1.

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