The Township of North Huron is waiting to hear if a Charter challenge of an old municipal by-law and trespass notice for a pair of residents will move forward.
In the Ontario Superior Court of Justice in Goderich on Wednesday, lawyers for Stephen Hill and Brad Carther presented their arguments for why the case should move forward, while Township representation said it should be dismissed as no rights were infringed and the issue is moot.
Representing Hill and Carther are lawyers funded by the Justice Centre, Darren Leung and Hatim Kheir. They contend that the by-law barring residents from using cameras or recording devices during a council meeting, which was repealed in March, was unconstitutional.
They also argued that the six-month trespass notice issued to the pair by CAO Nelson Santos in response to violating the by-law at a February 2 meeting is not valid and infringed on their rights to attend council meetings and participate.
The trespass notice for both expired in early August.
Lawyers for North Huron, Jennifer Hunter and Kevin Hale, noted that the actual stated grounds for the notice was due to actions that disrupted proceedings, interfered with the orderly conduct of Township business, and contravened established standards of decorum and respectful engagement, despite repeated warnings from both the Township and police.
In a recap of events leading up to the notice, Hunter said that Hill began confronting council prior to meetings in an aggressive and accusatory manor starting on December 1, 2025. He raised issues about the cenotaph flag and snow on the sidewalks, while also calling Reeve Paul Heffer a "coward" and "impotent."
At the following meeting on December 15, 2025, Hill was shouting at members from the seats prior to the meeting, when he was approached by OPP Officer Paul Richardson, who told him if he wanted to address to council, he could apply for a delegation.
These events were shown to the court through videos Hill had personally recorded and posted online.
Fire Chief Chad Kregar reportedly met with Hill the following day to talk about his sidewalk concerns. However, Hill later posted humiliating deepfake videos of Kregar and Richardson online, which were also shown to the court.
At the January 12, 2026 meeting, Reeve Heffer asked Hill and Carther to put away their recording devices and the request was ignored. Heffer then asked them to leave and when they didn't, police were called. The two men were given a verbal 60-day no trespass notice, which is not being contested in court.
Despite the notice, the two returned to the February 2 meeting alongside camera crews from Rebel News. Video showed Hill accosting a security guard, as well as council members as they entered the chamber, including following Councillor Anita Van Hittersum down the hallway. Hill disputed in cross-examination that they cornered her, despite publishing a headline on his website that directly contradicted the claim: "Council turns back on cornered female councillor."
Hill then filmed himself serving a cease and desist to council members prior to the meeting, which Hunter said was a performative act rather than a private legal communication. CAO Santos served Hill and Carther with new trespass notices and when they refused to leave, police were called once again to arrest them.
The six-month notice said the two could still follow meetings remotely, and that legitimate business that needed to be conducted in person would be considered. They could also apply for reconsideration after 60 days, an option neither explored.
Finally, at the February 17 meeting, Hill and Carther were not allowed in but met council members outside. Hill recorded a confrontation between himself and Deputy Reeve Falconer, and at one point cried out that he was going to be assaulted. Another person intervened, a scuffle ensued and Falconer suffered a concussion.
The assault charges filed against the other man have been dropped. North Huron council moved to remote meetings for three months following the incident.
"The facts show a sustained campaign of confrontation and content creation that escalated at every meeting, culminating in a physical assault on a councillor and the loss of in-person meetings," said Hunter, arguing that becuase their actions were incompatible with the function of council chambers, they are outside the scope of protection.
Leung said that Hill's online activity can’t be considered disruptive, as none of his posts stopped council from doing its business, and members always had other legal recourse like defamation law rather than a trespass notice. As for the by-law, he said despite meetings being available online, there was a deleterious effect from the inability for Hill and Carther to create their own recordings.
But North Huron's representation said the practical dispute at this point is over.
"If all the applicants truly seek to do is record council meetings in a non-disruptive fashion, they are already permitted to do that," said Hunter, closing that no live controversy remains.
Justice J. Ross MacFarlane heard the applications and will deliver a decision in writing at a later date.
