josh k
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I remind you that if you wanted to fight the restrictive bylaws and what the bylaw officers are doing that in the Ontario Superior Court of Justice Pimenoca et al vs the City of Brampton case, Opinion released 5/14/04, Court File No 02-BN06171 found that:
The Brampton bylaw unreasonably restricting hours of operation was ordered quashed.
The Brampton bylaw that outlawed nudity was quashed.
The Brampton bylaw that limited sexual/genital contact was quashed.
The opinion of the Court was clear. Bylaws can not regulate what is already regulated by the Canadian Criminal Code. That is not the purpose of licensing bylaws.
The opinion specifically pointed out that under the bylaw a adult body rub could take a license away from one act of "sex" at a body rub that is witnessed by a bylaw officer. This exceeds the limitations of the Criminal Code of Canada where the keeping of a bawdy house can only be charged if police can PROVE "frequent and habitual" sexual contact.
The Court was very clear that bylaws can not restrict or regulate what is a criminal vs licensing issue. That is not within the whelm of bylaws.
Licensing bylaws CAN limit the number of establishments in the City. However the bylaw that limited the transferability of existing licenses was quashed. Businesses have the right to transfer their licenses as part of a sale of the businesses.
Someone can correct me if wrong but I do not believe the City of Brampton appealed the finding. Hopefully this case can be used as a precedent for at least other cases in Ontario. Of course it may be costly to fight but it seems that the Vaughn bylaws could be easily defeated if they are really as restrictive as the bylaw officer implies.
The Brampton bylaw unreasonably restricting hours of operation was ordered quashed.
The Brampton bylaw that outlawed nudity was quashed.
The Brampton bylaw that limited sexual/genital contact was quashed.
The opinion of the Court was clear. Bylaws can not regulate what is already regulated by the Canadian Criminal Code. That is not the purpose of licensing bylaws.
The opinion specifically pointed out that under the bylaw a adult body rub could take a license away from one act of "sex" at a body rub that is witnessed by a bylaw officer. This exceeds the limitations of the Criminal Code of Canada where the keeping of a bawdy house can only be charged if police can PROVE "frequent and habitual" sexual contact.
The Court was very clear that bylaws can not restrict or regulate what is a criminal vs licensing issue. That is not within the whelm of bylaws.
Licensing bylaws CAN limit the number of establishments in the City. However the bylaw that limited the transferability of existing licenses was quashed. Businesses have the right to transfer their licenses as part of a sale of the businesses.
Someone can correct me if wrong but I do not believe the City of Brampton appealed the finding. Hopefully this case can be used as a precedent for at least other cases in Ontario. Of course it may be costly to fight but it seems that the Vaughn bylaws could be easily defeated if they are really as restrictive as the bylaw officer implies.