Court rules Ontario violated Charter by censoring Covid criticism on billboard
A provincial court has found that George Katerberg's Charter rights were violated by Ontario's Ministry of Transportation.
The Ontario government tried to silence a citizen for criticizing its Covid-19 response. Now a court has ruled it broke the Constitution.
The Ontario Divisional Court has found the Ontario Ministry of Transportation violated the Charter rights of George Katerberg by preventing him from displaying a political billboard criticizing public officials over their handling of the COVID-19 pandemic.
Katerberg was represented by the Justice Centre for Constitutional Freedoms (JCCF), whose constitutional lawyer Chris Fleury successfully argued that the Ministry's actions violated section 2(b) of the Canadian Charter of Rights and Freedoms, which protects freedom of expression.
Katerberg's billboard, erected along Highway 17 near Thessalon, featured photographs of Prime Minister Justin Trudeau, Premier Doug Ford, former Chief Public Health Officer Dr. Theresa Tam and other officials above the messages, "They knowingly lied about safety and stopping transmission" and "Canadians demand accountability."
The Ministry first demanded the sign be removed after claiming one image on the billboard was linked to white supremacy. Katerberg immediately removed the disputed image, explaining it was inspired by Pink Floyd's The Wall, and submitted a revised version. The Ministry then shifted its reasoning, claiming the billboard promoted hatred.
When that justification failed, the government changed the rules instead.
After Katerberg launched his Charter challenge, the Ministry amended its Highway Corridor Management Manual in 2025 to broadly prohibit political messaging on billboards along certain northern Ontario highways. It then relied on that newly created policy to reject the sign once again.
The Divisional Court wasn't persuaded.
Justice Schreck found there was "no rational connection" between prohibiting political speech while allowing commercial advertising on the very same highways. The Court declared the Ministry's policy unconstitutional, quashed its decision, and ordered the application to be reconsidered.
The Court also criticized the Ministry's "shifting justifications" throughout the dispute, making clear the case was never about whether Katerberg's views on Covid-19 were right or wrong. It was about whether the government could censor political speech because it disliked the message.
Following the ruling, JCCF lawyer Chris Fleury called the decision "a welcome affirmation of the importance of political expression," saying governments cannot ban political speech while allowing businesses to advertise beside the same roads.
Sheila Gunn Reid
Chief Reporter
Sheila Gunn Reid is the Editor-in-Chief, Alberta Bureau Chief, member of the board of directors, and host of The Gunn Show at Rebel News. Sheila also serves as President of the Independent Press Gallery of Canada. A mother of three and longtime conservative activist, Sheila is the author of bestselling books, including her most recent release, Independence Blueprint: What Alberta Can Learn From Quebec.
https://mybook.to/sheila
