Law360 Canada ( April 17, 2018, 8:44 AM EDT) -- Appeal by Bracken from a decision of an application judge finding that his right to freedom of expression had not been infringed when he was prohibited from carrying an offensive sign in Niagara Parks and declining to determine whether an oral trespass notice issued against him by the Niagara Parks Police (NPP) infringed his rights under s. 2(b) of the Canadian Charter of Rights and Freedoms (Charter). The appellant had stood in Grandview Plaza in Niagara Parks holding a sign reading “Trump is right. Fuck China. Fuck Mexico.” The NPP concluded that the sign was offensive and disturbing to visitors. They informed the appellant that he was not permitted to display the sign and asked him to leave. The appellant refused and was charged with disturbing other persons and using abusive or insulting language contrary to s. 2(9)(a) of the Niagara Parks Act Regulations. The appellant was later told by the NPP that if he were to return with the sign, he would be removed from the Parks pursuant to the Trespass to Property Act. The appellant argued that s. 2(9)(a) of the Regulations violated s. 2(b) of the Charter and that the oral trespass notice served on him also violated s. 2(b). The application judge held that s. 2(9)(a) of the Regulations did not limit Bracken's s. 2(b) Charter rights because the constitutional guarantee of freedom of expression did not apply to shouting insulting or abusive language in the Parks. He declined to determine whether the oral trespass notice infringed s. 2(b), as he was not satisfied that a trespass notice had in fact been issued....