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Date: Docket: 140306143, Registry: Edmonton Between: ‘American Freedom Defence Initiative Applicant City OF Edmonton Respondent 1 Introduction (1) This matter arose asa result ofthe City’s removal of an advertisement from Edmonton ‘Transit System (ETS) buses. The Applicant, American Freedom Defence Initiative (AFDI) applies fora declaration thatthe City's removal ofthe advertisement violated its right to freedom. ‘of expression under , 2(b) ofthe Charier of Rights and Freedoms, Part I ofthe Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK) (Charter), and thet the violation isnot a reasonable limit justified under s. 1 of the Carer Ialso seeks an order enjoining the City from violating the AFDI's Charter rights in the future. Page: 2 HM Preliminary Issue 2]__ The City took the positon at the ouset of oral argument that AFDI's application is properly understood as as I challenge tothe City's advertising policy, or ack thereof. (3)__AFDI agreed, but submitted that the conduct ofthe City inthis casei also in issue, although AFDI filed no originating application for juicial review ofthe City’s adzuiistative decision. [4]__ Having heard the partes and read their submissions, I conclude that the primary focus of the application is the consttutionalty ofthe City's policy. However, the City’s removal of the AFDI advertisement provides context and assists i understanding the positions of the partis in ‘this regard, 1 Backgrousd 5] ETSis solely owned and operated by the City. The City delivers annually over 80.2 million rides across the City of Edmonton using buses, light rail, and other vehicles, The City ‘rises revenve by offering advertising space on the interior and exterior of ETS vehicles, [6]___Atthoelevan time, the City had a contractual agreement with Pattison Gutdoor Group, @

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