An Ontario court has ruled the provincial government violated a man's Charter right to free expression by preventing him from displaying a political billboard criticizing public officials' handling of the COVID-19 pandemic, striking down the Ministry of Transportation policy used to block the sign.The Ontario Divisional Court found the Ministry's ban on political billboards along certain northern Ontario highways was an unjustified infringement on freedom of expression protected under the Canadian Charter of Rights and Freedoms.The court declared the policy invalid and ordered the Ministry to reconsider George Katerberg's application to display the billboard.Justice Schreck stressed the case was not about the accuracy of Katerberg's views on COVID-19 vaccines but about his constitutional right to express those opinions."This case is about Mr. Katerberg's freedom to express his views and not the correctness of those views," the judge wrote, adding that the ruling should not be interpreted as endorsing or criticizing the message on the sign.Katerberg, a retired HVAC technician and former business owner, rented a billboard along Highway 17 near Thessalon, Ont., in March 2024.The sign featured photographs of Prime Minister Justin Trudeau, Ontario Premier Doug Ford, former chief public health officer Dr. Theresa Tam and former U.S. COVID-19 adviser Dr. Anthony Fauci alongside the messages: "They knowingly lied about safety and stopping transmission" and "Canadians demand accountability.".The ministry initially ordered the billboard removed after claiming one of its graphics was associated with white supremacist symbolism.According to court documents, Katerberg said the image was inspired by Pink Floyd's 1979 album The Wall and that he was unaware it had later been adopted by an extremist fringe group. He removed the graphic and submitted a revised version of the billboard.The ministry then rejected the revised sign, arguing it could be viewed as promoting hatred or contempt toward the public officials depicted.With legal representation funded by the Justice Centre for Constitutional Freedoms, Katerberg launched a constitutional challenge.After the legal proceedings began, the ministry acknowledged the revised billboard did not promote hatred and agreed to reconsider the application.However, in April 2025, the Ministry amended its Highway Corridor Management Manual to prohibit political messaging on billboards located along designated northern Ontario highway rights-of-way while continuing to permit commercial advertising and certain community messages. It relied on the new policy to reject Katerberg's application a second time.The Divisional Court found there was "no rational connection" between prohibiting political advertising and the government's stated objective of preserving the character of northern highway corridors.The court also concluded political billboards were no more distracting or aesthetically objectionable than commercial advertisements and ruled the restriction could not be justified under Section 1 of the Charter.Justice Schreck was also critical of the Ministry's handling of the application, saying its "shifting justifications" throughout the process were not appropriate and warning that attempting to reject the application under another policy provision would likely trigger another constitutional challenge.Justice Centre constitutional lawyer Chris Fleury welcomed the ruling, saying it reaffirmed that governments cannot ban political speech while continuing to allow commercial advertising.Katerberg said he believed from the beginning that there was nothing improper about the billboard.As part of its decision, the court declared Section 5.8.2.1(a) of the Ministry's 2025 Highway Corridor Management Manual to be of no force or effect, quashed the Ministry's decision and directed officials to reconsider Katerberg's application in accordance with the court's ruling.
