http://www.constitutionallaw.biz All you want to know about the law of the constitution Mon, 30 Jun 2008 15:50:46 +0000 http://backend.userland.com/rss092 en Analysis: A. Does s.163 CC violate FOE under section 2(b)? Yes • meaning of expression need not be “redeeming” in the eyes of court to merit protection of s.2(b) whose purpose is to ensure that thoughts and feelings may be conveyed freely in non-violent ways without fear of ... http://www.constitutionallaw.biz/jamaican-constitutional-law/ NB - Chilling Effect: ➢    Drawn from US First Amendment jurisprudence ➢    Describes the concern that a restriction of speech by means of a broad and imprecisely worded law will deter or “chill” legitimate speech by individuals who will exercise self-censorship to avoid violation of the law ➢    In Charter analysis, a chilling ... http://www.constitutionallaw.biz/constitutional-laws-for-immigrants/ NB - Chilling Effect: ➢    Drawn from US First Amendment jurisprudence ➢    Describes the concern that a restriction of speech by means of a broad and imprecisely worded law will deter or “chill” legitimate speech by individuals who will exercise self-censorship to avoid violation of the law ➢    In Charter analysis, a chilling ... http://www.constitutionallaw.biz/center-for-human-rights-and-constitutional-law/ Iacobucci: Providing hints to government: •    Concern about LaForest’s dilution of s.1; risk that Charter violations will be too easily justified •    Concern about gov’t withholding evidence:  “gov’t should remain non-adversarial and make full disclosure” •    Evidentiary burden wholly borne by the government •    Agreed that unattributed health warning is a violation of 2(b) •    Agrees ... http://www.constitutionallaw.biz/constitutional-law-cases/ Dissent (McIntyre): •    What’s the harm of advertising at children??  Is their welfare really at risk? •    FOE should not be suppressed except in cases where urgent and compelling reasons exist and then only to the extent and for the time necessary for the protection of the community RJR MacDonald Inc. v. AG ... http://www.constitutionallaw.biz/constitutional-law-briefs/ SCOPE OF FREEDOM OF EXPRESSION (FOE): What is Expression? •    Activity conveying, or attempting to convey, meaning is expression •    All expression has: o    Content: the meaning conveyed o    Form: the method used to convey the meaning •    Cannot exclude activity from scope of FOE on basis of content or meaning being conveyed •    Human activity that ... http://www.constitutionallaw.biz/constitutional-law-attorney/ Remedy: •    Read in to the law an exclusion of the peripheral problematic applications o    To Strike Out entire law would nullify a law that is valid in most of its applications •    Schachter – decide appropriate remedy on basis of “twin guiding principle”: respect for the role of Parliament and respect for ... http://www.constitutionallaw.biz/best-constitutional-law-hornbook/ Two ways Charter can apply to an entity: 1.    Entity itself is considered “government” for purpose of s.32 •    By its very nature •    By virtue of degree of government control exercised over it ➢    All activities of entity will be subject to Charter regardless if they are ‘private’ 2.    Nature of particular activity can ... http://www.constitutionallaw.biz/duke-university-constitutional-law-scholar/ PRO DD decision: o    Don’t want Charter in private action for Efficiency purposes o    Crts under obligation to develop CmL in way consistent w/ fundamental values of Charter so don’t need to rely strictly on mechanical use of Charter o    Use of Charter does NOT encourage resolution of disputes o    Intended purpose of Charter ... http://www.constitutionallaw.biz/social-development-constitutional-law-2/ LIMITS AND CHANGE OVER TIME: s.1.  The CCRF guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. •    Text indicates Charter rights are NOT absolute; gov’t can limit them Two main structural components ... http://www.constitutionallaw.biz/social-development-constitutional-law/