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CMN 3105 Test 2 With Correct Answers
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CMN 3105 Test 2 With CorrectAnswers
Irwin Toy v. Quebec (1989) - ANSWER - Respondent Irwin Toy sought a
declaration from the superior court that ss. 248 and 249 of the Consumer
Protection Act were ultra vires the Quebec legislature and that they infringed
the Quebec charter of human rights and freedoms
- ss. 248 and 249 of the Consumer Protection Act: prohibits commercial
advertising directed at persons under 13 yo
Irwin Toy test is applied when: - ANSWER When faced with an alleged
violation of the guarantee of freedom of expression
ultra vires - ANSWER "beyond the powers"
Irwin Toy - Appeal is to determine: - ANSWER 1. Whether ss. 248 & 249 are
ultra vires the Quebec legislature or rendered inoperative by conflict with s3
of Broadcasting Act
2. Whether they are protected from application of Charter by a valid and
subsisting override provision
3. Whether they infringe s.2b of the Charter and s. 3 of Quebec charter
4. If so, whether the limit imposed by ss. 248 & 249 is justifiable under s.1 of
, Charter
5. Whether they infringed s.7 of the Canadian Charter
section 2(b) of charter - ANSWER 2. Everyone has the following fundamental
freedoms:
(b) Freedom of thought, belief, opinion and expression, including freedom of
the press and other media of communication
s. 3 - Quebec charter - ANSWER 3. Every person is the possessor of the
following freedoms, including freedom of conscience, freedom of religion,
freedom of opinion, freedom of expression, freedom of peaceful assembly,
and freedom of association
Irwin Toy: Conclusions - ANSWER 1. They are NOT ultra vires nor deprived of
effect under s.3 of Broadcasting Act - they are dealing with advertising, not
broadcasting
2. Override provision in s.364 of Consumer Protection expired June 1987
therefore they are not protected
3. Yes, they infringe s.2b and s.3
4. Answer: NOT justifiable (does not actually pass Oakes test)
5. Answer: s.7 of Canadian Charter cannot be invoked
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