Law 2101 Lecture Notes - Lecture 10: Equal Protection Clause, Health Canada, Ultra Vires
13 Oct 2016
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Lecture 10 i. e. saskatchewan human rights commission vs. whatcott. Challenged right to give out pamphlets against homosexuality as freedom of speech. First paragraph court accepts infringement of rights, but uses section one of charter that it is an acceptable limitation. Oakes test whether or not limitation was pressing or substantial: efforts to minimize hate speech are pressing because hate speech tries to marginalize groups. Proportionate analysis of oakes test is the limit rationally connected to limiting discrimination: public communication of hatred is a rationale for limiting freedom of expression. Court says section of provision must be stru(cid:272)k that sa(cid:455)s to (cid:862)prote(cid:272)t fro(cid:373) (cid:271)ei(cid:374)g (cid:271)elittled et(cid:272). (cid:863) was too vague and needed to be struck down but entire act could still stand minus that. Next paragraphs deal with minimum impairments how government needs to balance reducing hatred and limiting rights. Mentions remedy of striking down simply a section.
