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  • freedom of expression accounts for 5 out of 736 casebriefs.

Style of causeRatio

Ford v Quebec (Attorney General), [1988] 2 SCR 712

Commercial advertising constitutes expression under section. 2(b).

Purpose of 2(b) of the Charter (the underlying principles):
** 1. Seeking truth as an inherently good activity;
** 2. Participation in social and political decision making is to be fostered and encouraged;
** 3. The diversity in forms of individual self-fulfillment and human flourishing ought to be cultivated, in an essentially tolerant environment, not only for the sake of those who convey a meaning but also for the sake of those to whom it is conveyed.

Gould Estate v Stoddart Publishing Co Ltd (1998), 39 OR 555 (Ont CA)

Appropriation of personality is only prohibited in cases (usually endorsement) where the personality is used as a mere means to a commercial end. Uses of personality for which there is a public interest (political or cultural) is protected by free speech.

R v Keegstra, [1990] 3 SCR 697

The term expression embraces all content of expression irrespective of the particular meaning or message sought to be conveyed and no matter how invidious and obnoxious the message.

RJR-MacDonald Inc v Canada (Attorney General), [1995] 3 SCR 199

1. Regulating public health is a valid criminal law purpose
** Criminal law power is plenary (broad)

2. Federal legislation banning tobacco advertising and requiring health labels infringes on the freedom of expression -- s.2(b) of the Charter -- and cannot be saved by s.1 of the Charter.

RWDSU v Dolphin Delivery Ltd, [1986] 2 SCR 573

Section 2(b) of the Charter protects all messages except for threats/acts of violence or other unlawful conduct.