Law 2101 Chapter Notes - Chapter 3: Quebec Superior Court, Equal Protection Clause, Ultra Vires
21 Nov 2017
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Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication. Expression: everything that conveys or attempts to convey a meaning. Irwin toy v quebec prohibited tv ads aimed at children less than 13. Court held that limitation on freedom of expression was justified as a reasonable limit. Expression is important for participation in social and political decision-making. Expression contributes to cultivating diversity and human flourishing. Saskatchewan (human rights commission) v whatcott charged with distribution of flyers that objected to homosexuality. S. 14 statutory prohibition against hate speech. Hate speech marginalizes individuals based on membership in a group. Hate speech doesn"t advance values underlying freedom of expression. Any representation that exposes or tends to expose to hatred of a prohibited ground is a reasonable limit. Expressions that ridicules, belittles or otherwise affronts the dignity of aren"t rationally connected to the purpose of addressing systematic discrimination, therefor they are constitutionally invalid.
