What are some of the comments of the Court of Appeal's most senior judge, Justice Lamer, J. Lamer (as he then was) in the context of the issue of freedom of speech?
Manitoba, Canada
The following excerpt is from R. v. J.D.B., 2007 MBPC 48 (CanLII):
Lamer, J. also cited with approval the comments of Dickson, J. (as he then was) in Marcotte v. The Deputy Attorney General of Canada, 1974 CanLII 1 (SCC), [1976] 1 S.C.R. 108 (S.C.C.), which stated the principle as follows: Even if I were to conclude that the relevant statutory provisions were ambiguous and equivocal . . . I would have to find for the appellant in this case. It is unnecessary to emphasize the importance of clarity and certain when freedom is at stake. No authority is needed for the proposition that if real ambiguities are found, or doubts of substance arise, in the construction and application of a statute affecting the liberty of the subject, then that statute should be applied in such a manner as to favor the person against whom it is sought to be enforced.
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