Ontario backs down, admits that roadside billboard does not promote hatred

Shortly after the billboard was erected, the Ontario Ministry of Transportation ordered that the billboard be removed, claiming that the image of the two hammers represented white supremacist ideology. This was news to Mr. Katerberg.

The Ministry also ordered that Mr. Katerberg contact them in advance for pre-approval of any future signs he might wish to display.

Mr. Katerberg immediately removed the billboard. He then prepared a new billboard with the same message, but he replaced the image of the two hammers behind a Canadian flag with an image of the Canadian flag alone. Mr. Katerberg submitted the billboard to the Ministry for approval on June 18, 2024.

On June 28, 2024, the Ministry denied Mr. Katerberg’s modified billboard, advising him that “[t]he message on the billboard may be seen as promoting hatred or contempt for the individuals pictured on the billboard, which may violate certain policies regarding advertising.”

”Any other billboards that you wish to erect on the highway must be pre-approved by the [Ministry],” an email advised.

With help from the Justice Centre, Mr. Katerberg stood up for freedom of expression and the right to hold the government to account.

Mr. Katerberg asked the Superior Court of Justice in Ontario to review the decision of the Ministry. (In a judicial review, a court ensures that the decisions of administrative bodies, like the Ontario Ministry of Transportation, are fair, reasonable, and lawful.)

Mr. Katerberg argued that the Ministry’s decision was unreasonable and that it did not balance his Charter right to freedom of expression with the purposes of relevant legislation.

In his application to the Court, Mr. Katerberg noted, “The Sign does not promote violence, hatred, or contempt…Further, the Sign does not target any ‘identifiable group’… To the extent that the six well-known public figures featured on the Sign form a group at all, it is on the basis of their collective response to the Covid-19 pandemic in their political and/or professional capacity.”

Six days before the federal election in Canada, on April 23, 2025, the Ministry reversed its position and agreed that the sign did not promote hatred. The Ministry will now consider Mr. Katerberg’s billboard.

Mr. Katerberg says the sign has always been about providing hope to Canadians. “I knew if people saw my sign, they would not be scared to talk about the mandates,” he remarked. “I knew there was nothing wrong with my sign.”

He also thanked the Justice Centre donors. “I’m self-employed and worked hard all my life. I wouldn’t of been able to take on this case myself. I’m glad the Justice Centre was able to support me,” Mr. Katerberg concluded.

Constitutional lawyer Chris Fleury stated, "Mr. Katerberg’s proposed sign was a matter of legitimate expression protected by the Charter. In a functioning democracy, individuals like Mr. Katerberg need to be able to express their dissatisfaction with public officials. We are pleased that Ontario has agreed that the billboard does not promote hatred and will reconsider its decision."

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