Ontario Court of Appeal grants Christian Heritage Party leave to appeal in free speech defence case
Ottawa, Ont. May 27, 2025 — The Acacia Group, an Ottawa-based law firm specializing in defence of churches and charities from Charter abuses and government overreach, can proceed to appeal in its case against the City of Hamilton for refusing to accept a bus advertisement from the Christian Heritage Party of Canada (“CHP”) in 2023.
The Christian Heritage Party complaint
In July 2023, Acacia assisted the CHP in taking legal action against the City of Hamilton for rejecting an advertisement from the CHP, a registered federal political party, that showed a smiling woman above the words “Woman: An Adult Female.” In its July 2023 rejection letter, the City acknowledged CHP’s Charter right to free speech, but cited the advertisement’s message supporting “a traditional and biologically determined definition of gender in line with conservative values” as grounds for concern.
The City’s rejection letter added that, after consulting local LGBT groups and an LGBT-sponsored health publication about the effect of negative advertising on transgendered people, the City determined there was a risk a transgendered person might feel unsafe using public transportation because of the CHP advertisement. In late 2024, the Ontario Divisional Court denied CHP’s contention that the rejection violated CHP’s right to express its political beliefs and that the process by which the City based its rejection was administratively unfair.
The Appeal Court, however, has agreed to hear CHP’s appeal.
Acacia lead lawyer Lia Milousis applauded the decision as a first step to restoring Charter-guaranteed freedom of speech for the CHP, including its right to express itself politically within the bounds of Canadian law.
“It’s not for a municipal government to dictate what can and cannot be part of democratic dialogue or what people can and cannot be exposed to in terms of free expression. The City of Hamilton is trying to prevent its residents from being exposed to a view that it says is unacceptable, but it’s not allowed to censor the views and pick and choose what Hamiltonians can and cannot hear, can and cannot know, can and cannot be exposed to,” Milousis says.
Jim Enos, CEO for the CHP Hamilton Mountain electoral district association, called it baffling that the City could base its rejection even in part on the advertisement reflecting “conservative values.”
“So ‘conservative values’ aren’t allowed in Hamilton. That would come as a surprise to Conservative Party candidates and the citizens all over the city who had Conservative signs on their lawns during the election,” Enos says.
The Appeal Court did not give reasons for allowing the appeal of the Divisional Court’s decision, and no date has been set for the hearing.
About The Acacia Group
The Acacia Group has extensive experience representing religious organizations and non-profit organizations across Canada. For nearly 15 years, our lawyers have advocated for our clients’ constitutional and human rights. Combined, our lawyers have decades of experience defending clients’ rights to peacefully assemble, express their religious beliefs, participate in the political process, educate their children, and more. For more information, see our website at acaciagroup.ca.
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