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Court hears arguments over controversial bus ad in Edmonton

A Court of Queen's Bench judge reserved his decision Friday after hearing in a case about a controversial advertisement placed on Edmonton buses in 2013.

Justice John Gill said he hopes to have a decision in a few weeks.

The ad showed a picture of seven females with the words "Muslim girls honour killed by their families. Is your family threatening you? Is there a fatwa on your head?"

The ad was removed after a transit official received a phone call from then-city councillor Amarjeet Sohi, who said he was getting complaints. Neither had seen the ad when the decision was made.

The non-profit Justice Centre for Constitutional Freedoms (JCCF) is representing the group that placed the ad, a New York-based non-profit called the American Freedom Defense Initiative.

"We say this case is about the right to say controversial things in the public square and the right of listeners to hear them," JCCF lawyer Jay Cameron said in an interview with CBC.

"We say you don't have to agree with the applicant to defend that right."

Cameron is citing Section 2(b) of the Charter of Rights and Freedoms, which guarantees freedom of expression. But Section 1 of the charter allows for limitations on this right in cases of objectionable conduct such as hate speech.

The City of Edmonton claims the ad also included a website address and when it investigated it discovered statements like "refuge from Islam" and "stop the Islamization of America."

City lawyer Brad Savoury argued the city reserves the right to remove any ads but Cameron told court there is no written policy outlining that.

Savoury said it is included in the contract the city has with Pattison, the company that handled the ad placement for the American Freedom Defense Initiative. He said Pattison was acting as an agent for the city. Cameron said the details of the contract are not public and cannot be considered law.

Savoury said advertisements that incite or promote discrimination, hatred, violence or terrorism should never be permitted and the city must provide a safe and welcoming environment to the public.

But Cameron pointed out what he called a double standard when it comes to the city's advertising decisions.

He cited a pro-Islamic ad that was previously placed on Edmonton buses. It read "Islam: The message of Abraham, Moses, Jesus and Muhammad". Cameron said it's quite possible that ad was offensive to Jews and Christians.