LAW 525 Chapter Notes - Chapter 2: Federal Bank, Labatt Brewing Company, Interjurisdictional Immunity

• School: Ryerson University
• Department: Law and Business
• Course: LAW 525
• Professor: Nick Innazzo

Document Summary

Concerns the constitutional validity of a municipal by-law restricting putting up certain signs in. Issue: whether the prohibition on billboard signs/third party signs infringes the right to freedom of expression protected under s. 2(b) of the charter of rights and freedoms . And if so, whether the infringement is justified under s. 1. Decision: the sign by-law of oakville is unconstitutional based on the following tests. Is there an infringement of s. 2(b) of the charter? (freedom to thought, belief, opinion and expression, including freedom of press and other means of communication) If by-law infringes s2(b), whether it is a reasonable limit according to s. 1? (oakes test) Jti-macdonald corp. and other tobacco manufacturers challenged provisions in the tobacco act and the tobacco products information regulations to be unconstitutional. Provisions included: forbidding lifestyle advertising, advertising appealing to young persons, regulations regarding placement/rules of the health warnings on packages, misleading advertising.