Richard, now you've conceded that municipal bylaws are also subject to the Charter -  but have made a categorical statement that if it's the result of a residents' vote, the Charter doesn't apply.  That's even more wrong.

Bylaws and their amendments are government actions subject to the Charter, whether they are voted in by residents or elected municipal councillors.

The principle comes up often in labour law:
"neither can a trade union blindly rely on a vote of its members against taking a grievance to arbitration. Such a vote result will not save a union [when] the circumstances are such that the vote should have been given little or no weight (as in perhaps the case of a very unpopular employee, for example)."

As the SCC wrote about fundamental freedoms in another context:
"The ultimate determination must be with the courts, because they provide what is often the only effective shelter for individuals and unpopular minorities from the shifting winds of public passion."