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N.S. court says man’s rights not infringed when Grabher plate was revoked 

Lorne Grabher displays his personalized licence plate in Dartmouth, N.S. on Friday, March 24, 2017. THE CANADIAN PRESS/Andrew Vaughan

A Nova Scotia Supreme Court judge has dismissed a claim by a man who says the province infringed on his freedom of expression when it revoked a license plate personalized with his surname – Grabher.

READ MORE: ‘We are not all Smiths and Johns’: Grabher licence plate saga nearing its end

Lorne Grabher’s Nova Scotia plate was taken back in 2016 by the province’s Registrar of Motor Vehicles after the agency received a complaint from a woman who said it promoted hatred toward women.

Click to play video: 'Final arguments begin in Grabher trial'
Final arguments begin in Grabher trial

In a 50-page decision dated today and released by the Justice Centre for Constitutional Freedoms, Justice Darlene Jamieson says there is no constitutionally protected right to freedom of expression in a government-owned, personalized license plate.

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Jamieson says Grabher failed to establish that the registrar’s decision limited his equality rights and says its decision to revoke the plate was justified under provincial motor vehicle regulations.

She says the name without context can be interpreted as sexualized violence, even though she says it is “undisputed” that Grabher did not mean to cause any harm or offence.

READ MORE: How court battle over ‘Grabher’ licence plate mirrors wider societal debate

In its news release, the Calgary-based justice centre says Grabher and his family are “profoundly disappointed” and they are reviewing the ruling before deciding on a possible appeal.

This report by The Canadian Press was first published Jan 31, 2020.

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