CMN 3105 Lecture Notes - Lecture 5: Publication Ban, Ultra Vires
Document Summary
What is or is not expression for the purpose of being protected under section 2b of the charter. Promotion of any sort (ideas, stuff, people) we are engaged in expression. Case was an attempt by government of quebec (state) to regulate broadcasting (advertising through broadcasting) by prohibiting advertising aimed at children under 13 years. Issue in public policy and public health matter. Widely regarding as an issue with pressing and substantial concern. Public policy matter that has found its way into the courts as an ethical issue. Ethics of advertising to children is at question in this case. Also looking at a particular type of communication/advertising, commercial expression. What is unique in this case is that irwin toy tests the limits of section 2b of the charter, which protects the right to expression. Ford, divine, and irwin toy: scc was hearing three cases at the same time.