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ARTICLE · 09 FEBRUARY 2015

Court Grants Injunction Against Airport Protests

Alexander Holburn Beaudin + Lang LLP
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In January 2014, we reported on a decision of the Alberta Provincial Court acquitting on criminal charges of trespass eight members of an anti-abortion organization...

CanadaTransport

In January 2014, we reported on a decision of the Alberta Provincial Court acquitting on criminal charges of trespass eight members of an anti-abortion organization engaged in demonstrations in the Calgary Airport in 2011.  The protesters had reasonably believed they were permitted to demonstrate on Airport premises given a 1991 decision of the Supreme Court of Canada (Committee for the Commonwealth of Canada v. Canada) which concluded that prohibiting the distribution of political pamphlets at an airport violated freedom of expression under the Canadian Charter of Rights and Freedoms.

It had been argued that the circumstances were distinguishable from the Committee case, as major Canadian airports at the time were run by the federal government, while they are presently run by private, non-profit corporations on leased federal land.  However, the court concluded that given the "substantial" government control exercised over the Authority, it was "part of government"

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