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Brown Litigation - Authoritarianism in the Law

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1 Brown Litigation - Authoritarianism in the Law
AUTHORITARIANISM IN THE LAW D. Jared Brown – Lead Counsel – Brown Litigation Brown Litigation - Authoritarianism in the Law

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COMPELLED SPEECH National Bank of Canada v. Retail Clerks’ International Union (1984) Supreme Court of Canada Justice Beetz at paragraph 81: “This type of penalty is totalitarian and as such alien to the tradition of free nations like Canada, even for the repression of the most serious crimes… (in reference to the Charter of Rights and Freedoms) These freedoms guarantee to every person the right to express the opinions he may have: a fortiori they must prohibit compelling anyone to utter opinions that are not his own.” Brown Litigation - Authoritarianism in the Law

5 FREE SPEECH SAVING AMENDMENT TO C-16 - REJECTED
“For greater certainty, nothing in this Act requires the use of a particular word or expression that corresponds to the gender identity or expression of any person." Brown Litigation - Authoritarianism in the Law

6 OTHER EXAMPLES OF AUTHORITARIANISM IN THE LAW
Bill 33 (2012). Toby’s Act (Right to be Free From Discrimination and Harassment Because of Gender Identity or Gender Expression) ; Bill 28 (2016). All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment); Bill 89 (2017). Supporting Children, Youth and Families Act. M103 “Good Faith” requirement for all contracts in Canada (2014 SCC) Brown Litigation - Authoritarianism in the Law

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