One win, one loss in licence plate fight

No future for Manitoba man’s Star Trek plate

WINNIPEG • An Indigenous man in Manitoba has had his NDN CAR personalized licence plate returned, but an avid “Star Trek” fan learned resistance is futile in his court fight to get his Borg-themed plate back.

Nick Troller had filed a legal challenge against Manitoba Public Insurance over its decision to revoke the ASIMIL8 plate after receiving a complaint that it was offensive to Indigenous people.

A judge ruled this week that it was reasonable for the insurer to take back Troller’s plate, because the word is connected to the Indigenous experience and government policies of forced assimilation.

In isolation it may not be offensive, but the word “has taken on a new meaning within this country,” wrote Queen’s Bench Justice Sheldon Lanchberry.

James Kitchen, a lawyer for the Justice Centre for Constitutional Freedoms, had argued on Troller’s behalf. He said he was disappointed the plate was not returned, but added Troller’s case may have played a part in why the insurer, in an out-of-court settlement the justice centre negotiated, decided to return Bruce Spence’s NDN CAR plate.

“This is a significant victory for freedom of expression in Canada,” Kitchen said in Calgary.

Spence, a Nehiyaw man from Opaskwayak Cree Nation, got the licence plate about seven years ago to honour “Indian Cars,” one of his favourite songs by Indigenous musician Keith Secola.

There were no problems until May 2018 when he was contacted by MPI. Spence has said the insurer told him it was considered offensive and ethnic slang. It had been taken away in February.

MPI spokesman Brian Smiley said in the end, it was determined the plate could be returned.

He referred to the judge’s ruling when asked for comment about the “Star Trek” plate.

Troller got the ASIMIL8 plate in 2015 and put it in a border that stated: “We are the Borg” and “Resistance is futile.”

Court heard that in 2017 a woman from Ontario posted a photo of it on Facebook and made a complaint to MPI.

Kitchen argued in court that “assimilate” is just a word and that revoking the plate was a violation of Troller’s constitutional right to freedom of expression.

The insurer argued it was entitled to place reasonable limits on free expression and that licence plates are government property.

Plates are denied for a variety of reasons, including if they are offensive, suggestive, discriminatory or include racial or ethnic slang.