The By-law was the subject of consideration in Batty v. City of Toronto, 2011 ONSC 6862. There, D.M. Brown J. (as he then was) considered the constitutionality of a trespass notice issued under the By-law in the context of an encampment set up as part of a protest movement called “Occupy Toronto.” It was argued that enforcement of the By-law would infringe freedom of expression protected by s. 2(b) of the Charter, and that the By-law was impermissibly overbroad and vague in allowing expression to be muzzled by the prohibitions on camping and erecting tents, and consequently failed the “prescribed by law” requirement in s. 1 of the Charter.
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