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Digest of the Week — Improperly Joining a Parade a Bylaw Infraction

R. v. Pawlowski |  (WestlawNext Canada)
2014 CarswellAlta 1041 |  
Alberta Provincial Court

Municipal law | By-laws | Miscellaneous

Accused and others attempted to improperly join Calgary Stampede parade — Accused and others charged with joining in or interfering with parade or roadway event — Accused convicted — Accused clearly committed acts which contravened by-law — Municipality had authority to pass by-law creating offence — One of legislative purposes of municipality was development and maintenance of safe and viable communities, and provision of services or facilities necessary or desirable for municipality — By-law had purpose of providing good government by providing necessary or desirable services in order to develop and maintain safe and viable community, by regulating and controlling use of municipal roads — By-law did not prohibit protests or demonstration or any other exercise of freedom of expression, rather it required those wishing to exercise their freedom of expression by walking on streets to apply for their own parade permit, rather than encroaching on freedom of expression exercised by others who have already completed permitting process — By-law was within jurisdiction of Province on pith and substance test — By-law regulated municipal roads by restricting participation in parades to those given permission of permit holder — Essential character of by-law was suppressing circumstances of unwanted interference with parades, which might, if left unrestricted, affect public order and safety in community — Ruling and verdict applied to others charged along with accused.
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