Freedom of expression Cases:
Categories of FOE Cases:
o MISSING! Commercial expression (advertising): Individuals have the
right to advertise without having a limitation of the state. Protected by 2b,
but there are instances where the courts have placed restrictions on
MISSING! RJR McDonald v. Canada
MISSING! Dolphin Delivery
o MISSING! Criminal Expression: Violence not protected but other criminal
activity can be.
MISSING! Re: Prostitution reference. Court found how much
desired activity was protected under 2b even if it was criminal.
o Hate propaganda: expression that constitutes crime. No content based
restrictions on expression, entitled to protection. However, distasteful and
contrary to the mainstream.
R. v. Zundel
• Distributing literature and pamphlets claiming the holocaust
was a fraud. Charged with spreading false news.
• Causing harm to public interest. Conviction upheld, he was
acquitted by the supreme court of Canada on the basis that
spreading false news violated his charter rights. They found
that the limits were not justifiable under section one, and had
to do with the nature of the offence.
• The offence did not have specific statements or other info for
the public to raise it. Too broad to identify an objective to
justify limiting freedom of expression. The found that this
offense of spreading false news was provided in the criminal
code all the way back to pre-confederation, traced back
through history this offence through UK legislatures that was
aimed at protecting the mobility. Ultimately they said that was
800 yrs. of a state applying the mobility, and is no longer
seen as a pressing matter.
• The government decided to keep the provisions we have
Categories of FOE Cases
obscenity/ pornography: used as a means to protect human morality and the
dehumanization of women and loss of quality. You have to actually look at the
content of the expression to determine if it is porn (although the court tried to
o To determine if something is obscene you have to look at the content:
o R.V. Butler
Owned a video boutique in Winnipeg. It is not a movie rental shop,
it is a sex shop. The police charged him with the procession and
distribution and selling of obscene materials. They charged him
with 215 accounts (for every piece of material that he had). 242 were acquitted, 8 convicted. The crown and the accused appealed.
Crown appealed the acquitted cases and Butler the 8 convicted
Definition of obscenity violated rights.
Section 1 states that it was to uphold the protection of women, and
societies. The crown found that these could be limited under
section 1 while publications of porn that infringe on these standards
could not be limited. Divided sex in 3 types
• Explicit sex with violence