Class 5 Flashcards
Are there any property rights guaranteed by the charter
NO
Is government owned property private or public?
Generally some but not all owned property is private
Committee for the Common wealth of Canada v. Canada
Tried to allow pamphlets being distributed at airport. Tried to argue Section 2B of charter which is freedom of expression.
Some but not all government owned property is constitutionally open to the public for engaging in expressive activity.
they won only because the area they choose was allowed, but the runway for example is not.
Batty v. Toronto 2011
Occupy Toronto Movement. They were held they were trespassing. Batty argued that it was protected under s2 and the court agreed but with reasonable limits under S1
Court held they cannot continue to take over the park and the limits imposed under s1 were reasonable limits prescribed by law and they cannot infringe on others rights.
What did someone say about the batty case in reference to a “dissent”
The fact that the claim was based on trespass rather then nuisance, the impact on homeowners near was given inappropriate emphasis.
also said the analysis treated the park as state property rather then common property
Victoria City v. Adams 2009
in BC they had a tent city.
they claimed they wanted it still and said s7 of charter was being violated which is life liberty and security.
court held it can continue as there was a bedding problem and there was not adequate shelter. not held under section 1 Oakes test.
Oakes Test SPERM
- sufficiently important legislative objective;
- rationale connection between impugned provisions and the objective;
- minimal impairment of the right or freedom in question; and
- proportionality between the deleterious effects of the limitation and its purpose.
Michelin v Caw 1997
Defendant wanted to unionize and made fun of plaintiff and created a replica making fun of it.
was there infringement on trademark?
they found it was infringement as fair dealing under the copy right act is not for parody. after this case government added a section for parody in copyright act
Manitoba Fisheries v. The Queen
They owned property for fishing but new legislation came out and they had to shut down business.
Is good will a proprietary interest and do they get money?
good will is a propeitery interest and should get money. the legislation said they couldn’t continue and thus they can get money.
Mariner Real Estate Ltd. V Nova Scotia Attorney
Plaintiffs owned a breach and thus plaintiffs could not build a house one it. they sued for expropriation
Court held not expropriation as loss of economic value due to regulation is not expropriation and there must be a confiscation of all uses to constitute expropriation.
Is begging protected under Section 2b of the charter which is freedom of expression?
No it is considered more of a commercial activity then political expression
