A Sherbrooke man fined by police for wearing a non-commercial sandwich board at a public rally is launching a constitutional challenge, arguing local authorities misused municipal bylaws to silence lawful political expression.The Justice Centre for Constitutional Freedoms says it is representing Brian Jenkins after he was ticketed on Nov. 1, 2025, while attending a pro-life rally on Belvédère St. Jenkins wore a placard on his front and back reading, “Let us pray for the end of abortion,” when a police officer issued him a fine under a city by-law banning sandwich boards in public places.According to the Justice Centre, the by-law in question applies strictly to commercial advertising and solicitation. Jenkins was not advertising a product, selling goods, or promoting any commercial activity at the time.Jenkins, an outreach director for a non-profit organization, said the ticket caught him off guard given his long history of similar activity without incident.“I was confused when I was told that I was in violation of a municipal ordinance, especially since I had not been approached in the previous four years while doing the same activity,” Jenkins said..Constitutional lawyer Olivier Seguin said the case highlights what he describes as improper enforcement driven by disagreement with the message rather than the law.“This is a case where law enforcement agencies, in addition to applying their regulations in a clearly illegal manner, attempted to use them to suppress speech they did not like,” Seguin said.He warned that overregulation creates opportunities for abuse when rules are enforced selectively.“In a modern society where almost all areas of life are regulated, it is essential that regulations are applied for legitimate, relevant purposes, and not for the purpose of persecution,” Seguin added.The Justice Centre argues the case raises broader concerns about municipalities using narrowly defined bylaws as tools to restrict peaceful expression on controversial public issues, even when the governing law explicitly limits enforcement to commercial activity.No hearing date has yet been set.
