The lawyer for a Sault Ste. Marie man who had his F— Trudeau sign seized from his property says he believes his client's Charter rights have been violated.
Mark Joseph is the litigation director for The Democracy Fund (TDF), an independent not-for-profit that says it supports civil liberties and constitutional rights.
At this time, the TDF is not disclosing the name of the man whose sign was removed by the city's bylaw department.
"He's a law-abiding citizen, he's not looking to do anything drastic or terribly confrontational — he just wants his sign back.
"He feels grieved that 'I had a right to put up this sign and put my message out there because I don't like this particular political policy or group or person and that's my right as a free citizen in Canada.'
"We don't think that is too outrageous," said Joseph by phone on Monday, adding that his client reached out to TDF after seeing the group featured in the media.
"We've had a lot of people who were given COVID ArriveCAN tickets, and defended people for the freedom convoy protest who are criminally charged," he said.
The sign had the explicit F word fully written out followed by Trudeau on one side and the word Freedom on the other. Joseph said the plywood sign was on property owned by his client and was removed in March, a few months after the recent Canada Post strike.
"What we think happened is that a letter was sent out, but for whatever reason — probably because the mail was delayed — it wasn't received in time, and then the client received a certificate or the little notice that's put on your door knocker," Joseph said.
"Shortly thereafter the city officials attended and removed the sign and I believe the client didn't notice until it was gone," he added.
Joseph said the city sent a letter in response to his client, saying it stands by its decision to remove the sign.
City staff would not discuss the specific complaint with SooToday, but speaking generally said in some situations signs may be removed from a property.
"Bylaw can remove signs when property owners have failed to comply or obtain the appropriate approvals under the city’s sign bylaw 2017-35," said Freddie Pozzebon, chief building official, in an email.
Joseph said the disagreement lies in the definition of what kind of sign it was.
According to the city's signs bylaw, a temporary sign used for a 'personal announcement or congratulatory message' is allowed on residential property and can be placed without a permit.
"It was a temporary personal sign. We say. The city, I believe, said that it was a portable sign," Joseph said.
"We say that because this sign was a personal sign requiring no permit, the removal therefore engages Charter rights — obviously freedom of expression.
"People may not like the message nonetheless, we say you have a right to put disagreeable opinions into the public space and if people don't agree with them, then they can display their own message. That's how it works," he said.
Joseph said his client is considering next steps, which could include some kind of Charter challenge.