The Greater Vancouver Transportation Authority v. Canadian Federation of Students/BC Teachers' Federation [2009] 2 S.C.R. 295

This case was originally launched by two groups:

1. the Canadian Federation of Students (CFS) - a group that represents thousands of college and university students throughout Canada

2. and the BC Teachers' Federation (BCTF), a trade union and bargaining agent for more than 40,000 BC public school teachers.

Both these groups are involved in promoting public advocacy that promotes the interests of students and educators. In the fall of 2004, both the CFS and BCTF were preparing for the upcoming provincial election scheduled to take place on May 17, 2005. Both organizations created an advertisement that would be placed on the side of buses in the Lower Mainland.

The CFS advertisement depicted a silhouette of a crowd at a rock concert that read: "Register now. Learn the Issues. Vote May 17, 2005. RockTheVoteBC.com" and a banner that read: "Tuition Fees, RockTheVoteBC.com, Minimum Wage, RockTheVoteBC.com, Environment, RockTheVoteBC.com".

The BCTF advertisement read: "2,500 Fewer Teachers, 113 Schools Closed. Our Students. Your Kids. Worth Speaking Out For".

The CFS and BCTF then approached the Greater Vancouver Transportation Authority (TransLink) and BC Transit to pay to have the ads on buses. Their business was rejected by these two organizations. The two transportation companies claimed that their policies prevented them from accepting these kinds of ads. The policies read:

• Policy #7 "No advertisement will be accepted which is likely, in the light of prevailing community standards, to cause offence to any person or group of persons or create controversy."
• Policy #9 "No advertisement will be accepted which advocates or opposes any ideology or political philosophy, point of view, policy or action, or which conveys information about a political meeting, gathering or event, a political party or the candidacy of any person for a political position or public office."

The CFS and the BCTF took TransLink to court, stating that the policies made by these companies went against the Charter Section 2(b) freedom of speech and expression. The judge in the case did not find that the transit bodies breached section 2 of the Charter.

The BCTF and CFS then took their case to the Court of Appeal for BC. Under appeal, the majority found that the trial judge erred and that TransLink and BC Transit were in breach of section 2(b). The one dissenting judge felt that political ads on buses should not be protected by the Charter because bus transportation is in a neutral arena and is the sole transportation for many British Columbians. Thus, people who ride transit should not be forced to see political views.

Eventually, the Supreme Court of Canada heard the case. The Supreme Court ruled that the transit authority was unjustifiably limiting the freedom of expression of the BCTF and the CSF by prohibiting political advertisements from being displayed on the side of their buses. It was a major victory for civil rights proponents.

Please answer the following questions in the text box below.

1. What does the fact that this case was heard in more than one court tell us about the law process in Canada? (1)

2. When was this case finally decided? (1)

3.Why was the ruling by the Supreme Court so important when it comes toChartercases and freedom of expression cases? (1)

4. Voters have a right and a need to be informed during election times. Please make a few comments about your opinion of the original ruling and the BC Court of Appeal's one judge whose comments dissented from the majority? (2)