Constitutional Law Attorney
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 is purely physical and does [...]
Social Development Constitutional Law
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 was for gov’t vs. individual, [...]
Social Development Constitutional Law
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 of s.1:
1. Requirement that all [...]
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By N2H