Is Section 2(b) of the Charter of Canada applicable to freedom of expression?
Ontario, Canada
The following excerpt is from Vann Niagara Ltd. v. Oakville (Town), 2001 CanLII 28344 (ON SC):
McLaughlin J. in Committee for the Commonwealth of Canada v. Canada (1991), 1991 CanLII 119 (SCC), 4 C.R.R. (2d) 60 at pp. 130-34, [1991] 1 S.C.R. 139 at pp. 237-42, went through the kind of analysis the court should undertake in determining if freedom of expression has been infringed contrary to s. 2(b) of the Charter. In the absence of an adequate factual record, the court cannot engage in that type of analysis. Accordingly, I dismiss the application. IF THERE IS A VIOLATION OF SECTION 2(b) IS THE BY-LAW SAVED BY SECTION 1?
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