On October 17 the Ontario Court of Appeal struck down Metro-Toronto’s bylaw prohibiting all nude “exotic” dancing as unconstitutional. The bylaw had been enacted under a provision of the Provincial Municipal Act.
The judges stated that:
“In our opinion, the true object and purpose of (the bylaw) is not the regulation of the trade and business of an adult entertainment parlous, but the regulator of public morals, and hence is legislation in relation to a matter coming within…the Constitution Act, 1967.”
The same court also confirmed the inadmissibility of Toronto’s adult book and magazine bylaw, which had been struck down by a lower court. The bylaw which requires retailers to display such material behind opaque barriers 1.5 meters (5 feet) off the floor, is invalid because it is too vague, the court said.
“I can see no reason why a bylaw cannot be drawn which will meet the required standards of specificity and at the same time not impinge on the constitutional guarantee of freedom of expression more than is necessary to achieve the legitimate end sought.” (Star, October 18)
Mr. Justice Sydney Robins, who wrote the unanimous judgment said:
“The resulting self-censorship would limit or impede the marketing of a protected form of expression and interfere with the public’s right of access to non-obscene books with erotic pictorial content.
Legal overkill is ill suited to the delicate sphere of free expression and, here, is fatal to the bylaw.
Under the provisions of enabling provincial legislation, Metro could still enact a valid bylaw, the court said.
