Ban on gang colours violates charter: Sask. judge

A Saskatchewan law that outlawed the wearing of gang colours in bars is unconstitutional, a provincial court judge in Saskatoon has ruled.

The judge was hearing the case of Jesse Leigh Bitz, who was charged under the Safer Communities and Neighbourhoods Act after he wore his Hells Angels clothes inside a Saskatoon nightclub two years ago.

The legislation, which came into effect in 2004, prohibits anyone from going to a licensed drinking establishment while wearing "any sign, symbol, logo or other representation identifying, associated with or promoting a gang or a criminal organization."

A person violating the law can be fined up to $10,000 and sent to jail for up to a year for a first offence. The penalty increases to a fine of up to $25,000 and up to two years in jail for a subsequent violation. A judge may impose a fine, the jail term or both.

But Judge Albert Lavoie threw out the charge against Bitz on Thursday, saying the section of the provincial legislation dealing with gang colours and clothing is too broad and violates everyone's right to free expression.

Outside the court, Crown prosecutor Melodi Kujawa expressed surprise and disappointment with the decision.         

"I think that what has been lost is an opportunity for bar owners to be able to have a recourse to … keep certain things out of their bar," Kujawa told reporters. "I think that is unfortunate."

Bitz was one of the first people in the province to be charged with wearing gang colours in a bar. His lawyer, Mark Brayford, said the law, as written, could be used against almost any type of clothing.

"It infringes the right of people to wear T-shirts that say 'I support so-and-so,'" Brayford said. "That's something you should be able to do in this country."

Although Lavoie considered the law too broad, the Crown tried to argue it was specific because it only dealt with licensed premises.

"What we are trying to do is keep gang colours out of bars," Kujawa said. "I think that's very easily understood. It's very clear, very straightforward. And I don't think the legislation is trying, or in fact does, encompass anything beyond that."

The Justice Ministry has 30 days to appeal the judge's ruling.