Chapter

Commercial Expression in Canada

Roger A. Shiner

in Freedom of Commercial Expression

Published in print November 2003 | ISBN: 9780198262619
Published online March 2012 | e-ISBN: 9780191682353 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262619.003.0013
Commercial Expression in Canada

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Constitutional protection in the full sense (that is, a right whose enforcement may lead to invalidation of legislation) for freedom of expression in Canada is relatively recent compared with that in the United States. Prior to April 1982, the formally written Canadian constitution was essentially the British North America Act of 1867. Protection of fundamental rights and freedoms was left to legislation and the common law, following the United Kingdom tradition. All that changed with the enactment in April 1982 of the Canada Act 1982. There are questions to be asked about whether the Supreme Court of Canada's actual handling of freedom of commercial expression respects jurisprudential constraints implicit in the institutional separation of section 1 from the subsequent sections, including section 2(b), of the Canadian Charter of Rights and Freedoms. This chapter looks at several court cases on commercial expression in Canada, grouped by subject-matter: professional advertising, product advertising, solicitation by prostitutes, newspaper vending box cases, and miscellanea.

Keywords: Canada; Supreme Court; newspaper vending boxes; court cases; advertising; prostitutes; constitutional protection; freedom of expression; Canada Act 1982

Chapter.  12652 words. 

Subjects: Human Rights and Immigration

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