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Freedom of Commercial Expression$
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Roger A. Shiner

Print publication date: 2003

Print ISBN-13: 9780198262619

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198262619.001.0001

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Commercial Expression in Canada

Commercial Expression in Canada

(p.70) 4 Commercial Expression in Canada
Freedom of Commercial Expression

Roger A. Shiner

Oxford University Press

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

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