A Quebec man who successfully had a municipal ticket withdrawn for displaying anti-abortion signs has been fined again for the same activity, prompting a constitutional challenge over freedom of expression.The Justice Centre for Constitutional Freedoms says Sherbrooke resident Brian Jenkins received a second ticket October 3, while participating in the annual 40 Days for Life campaign, just three days after the city withdrew an earlier ticket issued in 2025.Both tickets were issued under a municipal bylaw prohibiting sandwich boards used for commercial advertising, despite Jenkins displaying signs expressing his personal opposition to abortion.The Justice Centre argues the city is improperly applying a commercial advertising regulation to peaceful political and religious expression protected under the Canadian Charter of Rights and Freedoms.The first ticket was withdrawn September 30, but the city failed to notify Jenkins' lawyer, Olivier Séguin, whose legal work is funded by the Justice Centre.Unaware that the original charge had been dropped, Séguin wrote to the city's prosecutor October 8 requesting that both cases proceed promptly.In his correspondence, Séguin warned that continued uncertainty surrounding enforcement of the bylaw was interfering with his client's ability to express his beliefs publicly.He also advised the city that constitutional arguments would be presented if the matter proceeded to trial.“The city withdrew one ticket without notifying counsel, while police issued another for the same peaceful activity,” said Séguin.“Canadians should not have to guess whether expressing their convictions will bring another prosecution.”.The lawyer said municipal authorities have an obligation to apply bylaws consistently while respecting constitutionally protected freedoms.“Fair process requires clear communication, consistent enforcement, and respect for constitutional freedoms,” he said.“A bylaw governing commercial advertising should not be used to silence peaceful expression.”According to the Justice Centre, Jenkins was participating in the annual 40 Days for Life campaign, an international anti-abortion initiative involving public demonstrations and prayer.The organization maintains Jenkins was not advertising a business or engaging in commercial activity when police issued the tickets.Instead, his signs communicated his personal views about abortion, raising questions about whether the municipal advertising bylaw can lawfully be applied to his activities.Although the city withdrew the 2025 ticket, the decision did not establish a legal precedent or resolve the constitutional questions surrounding the bylaw.No court has ruled on whether Sherbrooke's prohibition on commercial sandwich boards can be enforced against Jenkins for displaying signs expressing his beliefs.The Justice Centre says the second ticket leaves Jenkins facing continued uncertainty about whether he can participate in public demonstrations without further penalties.Séguin is now seeking a prompt hearing on the October 3 ticket and intends to challenge the application of the bylaw on constitutional grounds.The case could require a court to consider whether the city's enforcement of its advertising regulations unjustifiably restricts freedom of expression.The Justice Centre maintains that peaceful public advocacy should not be subject to restrictions intended for commercial advertising.The City of Sherbrooke's explanation for withdrawing the original ticket was not provided in the release, and the municipality's response to the latest legal challenge was not included.
