The David Asper Centre for Constitutional Rights

Fundamental Freedoms

s.2 – Fundamental Freedoms

s.2(a) – Freedom of Conscience and Religion

• A.C. v. Manitoba (Director of Child and Family Services), 2009 SCC 30 (mature minor objects to blood transfusion)
• Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37 (photos required for all Alberta driver's licences, Hutterian Brethren sincerely believe they cannot have their picture taken)
  
• B.(R.) v. Children’s Aid Society of Metropolitan Toronto, [1995] 1 S.C.R. 315 (parents object to blood transfusion)
• Multani v. Commission scolaire Marguerite‑Bourgeoys, [2006] 1 S.C.R. 256
• (kirpan)
  
• R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295 (Sunday closing)
• R. v. Edwards Books and Arts Ltd., [1986] 2 S.C.R. 713 (Sunday closing)
• R. v. Jones, [1986] 2 S.C.R. 284 (children not sent to public schools on religious grounds)
• R. v. Zundel, [1992] 2 S.C.R. 731 (constitutionality of legislation prohibiting spreading false news)
• The British Columbia College of Teachers v. Trinity Western University and Donna Gail Lindquist (private Christian university's discriminatory practices)
  

s.2(b) – Freedom of Thought, Belief, Opinion, and Expression, including Freedom of the Press and other Media of Communication

• Delisle v. Canada (A.G.), [1999] 2 S.C.R. 989 (constitutionality of legislation excluding RCMP members from application of Public Service Staff Relations Act and Part I of Canada Labour Code)
• Devine v. Quebec (A.G.), [1988] 2 S.C.R. 790 (Provincial legislation regulating use of French in commerce and business)
• Ford v. Quebec (A.G.), [1988] 2 S.C.R. 712 (Provincial legislation requiring that signs, commercial advertising and firm name should be in French only)
• Globe and Mail v. Canada (A.G.), 2010 SCC 41 (requiring journalists to disclose the name of a confidential informant
• Irwin Toy Ltd. v. Quebec (A.G.), [1989] 1 S.C.R. 927 (Provincial legislation prohibiting commercial advertising directed at persons under thirteen years of age)
• R. v. Sharpe, [2001] 1 S.C.R. 45 (child pornography)
  
• R. v. Skinner, [1990] 1 S.C.R. 1235 (Criminal Code prohibiting under s. 195.1(1)(c) communications in public for the purpose of prostitution)
• Reference re ss.193 and 195.1(1)(c) of the Criminal Code (Man.), [1990] 1 S.C.R. 1123 (prostitution)
• RJR-MacDonald Inc. v. Canada (A.G.), [1995] 3 S.C.R. 199 (cigarette advertising banned)
• Rocket v. Royal College of Dental Surgeons of Ontario, [1990] 2 S.C.R. 233 (profession restricting members’ advertising)
• Walker v. Prince Edward Island, [1995] 2 S.C.R. 407 (Provincial legislation providing that no person can practise as a public accountant in province unless that person is a member of provincial institute of chartered accountants)
• The British Columbia College of Teachers v. Trinity Western University and Donna Gail Lindquist (private Christian university's discriminatory practices)
  

s.2(d) – Freedom of Association

• Black v. Law Society of Alberta, [1989] 1 S.C.R. 591 (interprovincial law firm)
• Canadian Egg Marketing Agency v. Richardson, [1998] 3 S.C.R. 157 (scheme permitting only members to engage in interprovincial or export trade of eggs)
• Delisle v. Canada (A.G.), [1999] 2 S.C.R. 989 (constitutionality of legislation excluding RCMP members from application of Public Service Staff Relations Act and Part I of Canada Labour Code)
• Dunmore v. Ontario (A.G.), 2001 SCC 94 (exclusion of agricultural workers from statutory labour relations regime)
• International Longshoremen’s and Warehousemen’s Union – Canada Area Local 500 v. Canada, [1994] 1 S.C.R. 150  (right to strike; back-to-work legislation)
• Lavigne v. Ontario Public Service Employees Union, [1991] 2 S.C.R. 211 (employee objecting to expenditure of union dues on causes unrelated to collective bargaining)
• Professional Institute of the Public Service of Canada v. Northwest Territories (Comissioner), [1990] 2 S.C.R. 367 (collective bargaining)
• PSAC v. Canada, [1987] 1 S.C.R. 424 (right of employees to bargain collectively impaired)
• R. v. Skinner, [1990] 1 S.C.R. 1235 (Criminal Code prohibiting under s. 195.1(1)(c) communications in public for the purpose of prostitution)
• Reference re Public Service Employees Relations Act, [1987] 1 S.C.R. 313 (Provincial legislation prohibiting strikes and lockouts)
• RWDSU v. Saskatchewan, [1987] 1 S.C.R. 460 (Provincial legislation temporarily prohibiting strikes and lockouts in dairy industry)
• The British Columbia College of Teachers v. Trinity Western University and Donna Gail Lindquist (private Christian university's discriminatory practices)