In the recent decision of the Alberta Court of Queens Bench, R. v. Pawlowski, 2011 ABQB 93, an Alberta Justice sitting on appeal of acquittals on a bylaw prosecution for operating an amplification system in a public park, dismissed an appeal of a conviction under two Calgary bylaws. The appeal Judge found that the bylaw provisions were not invalid under the Canadian Charter of Rights and Freedoms as an infringement of the freedom of expression protected under section 2:
- freedom of conscience and religion; and
- freedom of thought, belief, opinion and expression.