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Judge: Ban on gang colors unconstitutional

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Published: Dec. 18, 2009 at 3:02 PM

SASKATOON, Saskatchewan, Dec. 18 (UPI) -- The Canadian province of Saskatchewan's law banning biker gangs from wearing their "colors," or insignia, in public places is unconstitutional, a judge ruled.

In a 33-page decision, provincial Judge Albert Lavoie struck down the law that was challenged by a Hells Angels member charged with wearing his colors in a Saskatoon bar in August 2007, the Saskatoon StarPhoenix reported Friday.

Defense attorney Mark Brayford argued the wording of the law is so broad it could be used to prosecute striking workers for wearing union logos on their clothes.

The judge agreed Thursday.

"The benefits of the legislation, in its present form, are minimal while the deleterious effects on freedom of expression are so far-reaching as to outweigh the benefits," Lavoie wrote in his ruling.

Crown prosecutors have 30 days to file an appeal, and as a result, hearings for several other people charged with the same offense were adjourned until Jan. 11, the newspaper said.

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