The Transcontinental company turned to Quebec’s Superior Court to resume Publisac’s independent distribution in Montreal, along with those who did not request it.
A lawsuit to that effect was filed Wednesday in the Montreal courthouse, as first reported The PressFriday.
The 15-page introductory application notably asks the court to cancel the Plante administration’s new regulation, which limits in some respects the distribution of advertising items at the doorsteps of metropolis dwellings.
According to Transcontinental, the said settlement is irreconcilable with the Environmental Quality Act, which recommends to incur to producers all costs of recovering and enhancing containers, packaging, printed matter and written media and not to restrict their use.
It also is not reasonablebecause there is discrimination at abusiveat constitutes disguised expropriationbelieves the company, for which no compensation is offered.
The settlement, Transcontinental added, unreasonably violates freedom of expression.
” A membership plan, such as the one the City is trying to impose on consumers, merchants and distributors, is clearly in conflict with the Canadian Charter and Quebec Charter by creating a serious violation of the right to freedom of expression and the right to information. “
The Transcontinental case follows the announcement on April 11 that Publisac will only be distributed in Montreal upon request beginning in May 2023.
The by-law in question essentially states that the distribution of printed advertising materials such as Publisac will be prohibited by default, except for residents who expressly request to accept them by placing a sticker that have this effect on their door or their post office box (opt-in).
Conversely, Transcontinental requests that Publisac continue to be distributed to all households, except for those who explicitly request not to accept it (opt out).
This change in policy regarding printed advertising material was already in the boxes of Projet Montréal in its first mandate, from 2017 to 2021. It also provides that Publisac now needs to be made of paper instead of plastic.
The mayoress said about 800,000 flyers and other unsolicited advertisements arrive at the doors of homes in Montreal each week, representing more than 41 million flyers a year that go to recycling sites and landfills.
Mirabel’s case
Concurrent with this case, the company is also appealing the Superior Court decision made on April 20 in favor of the City of Mirabel, which enacted a similar by-law in October 2019. At the time, it was the first in Quebec.
While waiting for the Court of Appeal to consider the case, Transcontinental halted Publisac’s distribution to Mirabel. The announcement took place on April 25th.
Since then, the Canada Post has taken over the distribution of print advertising in the municipal territory – a moving customers and goodwill denounced by Transcontinental.
Because unlike this, the state corporation, as agent of the Federal Crownmay constitutionally disregard new municipal regulations, pleading with the company.
Transcontinental is represented in this legal case by Me Mathieu Quenneville, of the firm Prévost Fortin d’Aoust.
Radio Canada
Source: Radio-Canada
