find uncomfortable. He can be confrontational, loud, agitated
and excitable. He is a large man and some people find him
 The respondent, the Town of Fort Erie, is like all employers, required to take steps to protect the safety of its employees.
It has a workplace violence prevention policy, and a Workplace
Violence Committee and officer. When Mr. Bracken protested
outside the Town Hall on June 16, 2014, an employee inside
Town Hall who had never seen a protest before was alarmed.
She placed the Town Hall under lockdown, and advised the
interim chief administrative officer (“CAO”) of her fears for her
safety and the safety of others.
 The CAO gave instructions to call the police, issue a trespass notice and direct Mr. Bracken to leave. The police attended
and directed Mr. Bracken to leave. He refused. He was arrested,
handcuffed and held in the back of a police cruiser for 15
minutes. He was then issued a trespass notice banning him from
all town property for one year, as well as given a provincial
offences ticket for failing to leave. He tore up the trespass notice
and left the premises without further incident.
 As I explain below, the town’s response to Mr. Bracken’s
protest, in expelling him from the premises and issuing the
trespass notice, was a violation of his rights under the Canadian
Charter of Rights and Freedoms. I would quash the trespass
 In what follows, I will set out the events of June 16, 2014,
which must be placed in the context of an ongoing dispute
between Mr. Bracken and the Town of Fort Erie, particularly
with its former interim CAO, Richard Brady. I will then address
the errors in the reasons of the application judge, which led her
to conclude, mistakenly, that Mr. Bracken’s acts of protest
were not protected by s. 2(b) of the Charter. This will require an
analysis of both s. 2(b) and s. 1 of the Charter. I will not address
Mr. Bracken’s claim under s. 7 of the Charter, because it is not
necessary for the resolution of this appeal.
1. Background to the protest
 Mr. Bracken was angered by the town’s decision to introduce a by-law permitting a medical marijuana facility to be built
across the street from his home. The by-law was on the agenda
for a council meeting on June 16, 2014. He believed that he had
been misled by Mr. Brady, when the latter had been interim
CAO, about the content of the proposed by-law. Mr. Bracken had