Does a Regulation restricting the distribution of material on a school premises need to be interpreted in the context of Charter values?
Ontario, Canada
The following excerpt is from Greater Essex County District School Board v. Canadian Union of Public Employees, Local 1348, 2010 CanLII 47900 (ON LRB):
32. The union says, and I accept this argument, that the Regulation restricting the distribution of material on school premises should be read subject to any rights the union may have under the Act and in the context of Charter values. That means I ought, when there are two reasonable interpretations, to prefer that which upholds a value embodied in the Charter: Hills v. Canada (Attorney-General), 1988 CanLII 67 (SCC), 1988 CanLII 67 (S.C.C.), (1988), 48 D.L.R. (4th) 193 (S.C.C.), at 226-7.
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