POLI 324 Lecture Notes - Lecture 4: Doukhobor, Hutterite, Kirpan
3 Dec 2018
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Unit 4: fundamental freedoms: expression and tobacco advertising. Key terms: freedom of expression; legislative responses; charter dialogue vs. legislative compliance; Constitutionalism from the top-down"; oakes test; r. v. keegstra; rjr-macdonald; margin of appreciation"; balancing of interest approach; state as singular antagonist". Section 7 which is a qualified right which has an exception and allows for the limitation in the right therein. Race and religion had been used historically to narrow the franchise and methods of discrimination. Historical record and context: chinese immigration act, 1885 (head tax); persecution of jehovah"s. Witnesses in quebec; disenfranchisement of conscientious objectors of pacifists during wwii (hutterites, doukhobors, mennonites). Scc has established two-part test to determine when state action interferes with freedom of religion. There is sincerity of belief 2. and interference is neither trivial nor insignificant. Section 1) legislation blocking the holding of a kirpan must advance a pressing and substantial legislative objective. Proportionality: rational connection, minimal impairment, proportionality - limitation to legislative objective.
