January 15, 2008
We waited three months for the judgment and when it arrived the news was good: we won! The judge ruled that Canada Post did not have legal authority to prohibit our election flyer and ordered Canada Post to clean up its legal act and re-write its regulations prohibiting sexual material.
Regulations issued by the federal Cabinet allow Canada Post to prohibit written material that is illegal. The judge found that our flyer was not illegal in any way. Rules issued by Canada Post that prohibited our legal flyer were more onerous than the government allowed. And the judge found that that prohibition was illegal.
He gave Canada Post six months to re-write its regulations, and suspended his order allowing our application until the expiration of that period.
We await with interest the new regulations Canada Post must enact. If they do not ensure our legal rights, we will be back in court.
