Both Defendants admit that they refused to permit the Ads, but each says that it is not a government to which the Charter applies, there was no infringement of section 2(b) of the Charter, in any event, and, if there was, it was justifiable under section 1 of the Charter.

Chambers Brief No. 1 submitted that the Defendants are governmental entities to which the Charter applies and that the Defendants had infringed the rights of the Plaintiffs to free expression in violation of section 2(b) of the Charter. This Brief contains the BCCLA’s submission that this infringement cannot be justified under section 1 of the Charter.