POLSCI 3NN6 Lecture Notes - Toy Advertising, Supreme Court Of Canada, Commercial Speech
10 Mar 2014
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2nd stage - whether the purpose of infringing is important? (pressing and substantial) 4th stage - are the means chosen to achieve the purpose impair or interfere with the right as little as possible (minimal impairment) 5th stage - are the means too much of an imposition to achieve the purpose (proportionality) Does the charter apply? (section 32 and 33: look at all of the section 32 and whether the gov"t has exempted, if the charter does not apply, there are no more arguments to make. Three core reasons for free speech: key to an individual"s self expression, essential for democracy, enables the search for truth and the marketplace for ideas . Unlike us, canadian courts rank the value of speech. In america, all speech is considered sacred and the argument that free speech is good needs no explanation. Canadian courts regulate speech in the same way that other markets are regulated.
