The Canadian Charter of Rights & Freedoms Law 120 Ms. Nicholson

Section 2a Page 519 – Section 2a Page 519 – Section 2a Lord’s Day Act – prohibited stores from being open on Sunday. Lord’s Day Act – prohibited stores from being open on Sunday. Big M Drug Mart was charged with unlawfully carrying on the sale of goods on Sunday. Big M Drug Mart was charged with unlawfully carrying on the sale of goods on Sunday. At trial Big M was acquitted, but the Attorney General appealed the decision. The Court of Appeal for Alberta agreed with the lower Court decision. The Attorney General appealed to the Supreme Court of Canada. At trial Big M was acquitted, but the Attorney General appealed the decision. The Court of Appeal for Alberta agreed with the lower Court decision. The Attorney General appealed to the Supreme Court of Canada. Question asked was did the Lord’s Day Act infringe the Section 2a of the Charter and if so could the law be saved by section 1. Question asked was did the Lord’s Day Act infringe the Section 2a of the Charter and if so could the law be saved by section 1.

Did the Lord’s Day Act infringe 2a? If so, can it be saved by Section 1? The Supreme Court stated that the purpose of the Lord’s Day Act was the compulsion of religious observance. The Supreme Court stated that the purpose of the Lord’s Day Act was the compulsion of religious observance. This law makes it impossible for Non-Christians to carry out otherwise lawful activities on Sunday’s due to religious reasons. Therefore, it imposes Christian beliefs on all Canadians – Christian and non-Christian. This law makes it impossible for Non-Christians to carry out otherwise lawful activities on Sunday’s due to religious reasons. Therefore, it imposes Christian beliefs on all Canadians – Christian and non-Christian. Therefore – against 2a) Therefore – against 2a) Section 1?? Look at Oakes – what is the objective of the law? Section 1?? Look at Oakes – what is the objective of the law?

Section 2b Read Read What are expressions? What are freedoms of expression? What are expressions? What are freedoms of expression?

Irwin Toy 1980 – Charter was not yet enforce 1980 – Charter was not yet enforce Section 248 and 249 of the Consumer Protection Act of Quebec would not allow commercial advertising directed at children under the age of 13. Section 248 and 249 of the Consumer Protection Act of Quebec would not allow commercial advertising directed at children under the age of 13. Irwin Toy asked for a declaration from the Court saying that this law was against the Quebec Charter of Human Rights. The Court Refused. Irwin Toy asked for a declaration from the Court saying that this law was against the Quebec Charter of Human Rights. The Court Refused – The Charter is adopted – Irwin Toys appeals the decision claiming against 2b) of the Charter and that the law was not justified by section – The Charter is adopted – Irwin Toys appeals the decision claiming against 2b) of the Charter and that the law was not justified by section 1.

Against Freedom of Expression? Section 1? -Section 1 The objective of the law is to not have children under the age of 13 subjected to and influenced by the advertisements of major corporations. The Court found that this objective is pressing and substantial and therefore even though the Charter rights are infringed the law can be saved by section 1. o Against Charter – limits freedom of expression.