Article content continued

One side of the sandwich board read “The Primacy Of Free Speech/ Cornerstone of Western Civilization,” while the other said “Without Free Speech/The State Is A Corpse.” In photographs taken by a sympathizer, Van Hee is seen sitting on his trademark portable stool, which he has used on the Hill near the Centennial Flame for roughly 28 years.

Van Hee declined to comment on Wednesday, referring questions to his lawyer. However, in a story on the website LifeSite, Van Hee says he will go to jail rather than pay a fine and, once there, begin a fast in protest. “It’s wrong and it has to be challenged and that’s why I’m willing to go to court.”

Ottawa lawyer Albertos Polizogopoulos confirmed he is on the case.

While just freshly retained, he said the defence will argue that — at face value — the words on the sign do not constitute an attempt to intimidate anyone.

Secondly, the lawyer said the bubble zone law is “overbroad” in how it restricts a person’s charter right to freedom of expression. “This case is about whether the government can pass legislation that muzzles freedom of expression and, if so, how far can they go?”

Polizogopoulos said he believes this is the first time that Ontario’s bubble-zone provisions — only a year old — have been challenged on constitutional grounds. Charges under the act, in fact, are rare.

The only other case the lawyer knew about in Ontario were charges against Cyril Winter, a longtime demonstrator outside the Ottawa clinic who was remarkable — and sometimes reviled — for the graphic photos and messages he used.