Guarantee: S.I of the charter guarantees rights and freedooms but also states that they are subject to ‘reasonable limits’
- the grounds for ‘reasonable limits’ were set in R. vs. Oaks, 1986... ‘The oakes test’
The Fundamental Freedoms
Section 2(a), freedom of conscience and religion, means you have the right to entertain the religious belief you can choose, to declare these beliefs you choose, to declare these beliefs openly without fear, and to express you religious beliefs through practice, worship, teaching and discrimination… cant be forced to act in a way contrary to your religious beliefs.
-However this right is also limited by the rights of others, (ex.) while parents can engage in religious activity, these activity may be stopped if they are not in the best interest of the child.
Under S. 2(b) the freedom of thought and expression in writing, speech, painting, photography and other media is guaranteed… believed key to democracy.
- a key case was Irwin Toy ltd. V. Quebec (1989) concerning the limitation on the Quebec consumer protection Act placed on advertising aimed at children under 13.… the court ruled that the Quebec Act was an infringement and the countries can advertise in any was the want. Today, child pornographers cite this case to support their defense (freedom of expression)
-Under S. 2(c) the freedom of peaceful assembly and association is guaranteed for each purpose as demonstrating against a govt. action or marching in support of a cause
- The word peaceful is key and allows the govt. to distinguish between lawful and orderly versus unlawful (rioting)
-to be considering a riot or unlawful, it must have 12 or more people and the police under the criminal code, can dispense the “gathering” if it disturbs the peace
-assembly and association go...