Section 2 of the Canadian Charter of Rights and Freedoms in the context of "R v Sharpe"

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⭐ Core Definition: Section 2 of the Canadian Charter of Rights and Freedoms

Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.

Section 1 of the Charter permits Parliament or the provincial legislatures to enact laws that place certain kinds of limited restrictions on the freedoms listed under section 2. Additionally, these freedoms can be temporarily invalidated by section 33, the "notwithstanding clause", of the Charter.

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👉 Section 2 of the Canadian Charter of Rights and Freedoms in the context of R v Sharpe

R v Sharpe [2001] 1 S.C.R. 45, 2001 SCC 2 is a constitutional rights decision of the Supreme Court of Canada. The court balanced the societal interest to regulate child pornography against the right to freedom of expression possessed by the defendants under section 2 of the Canadian Charter of Rights and Freedoms; holding, that while general prohibition of child pornography was constitutional, there were some limits imposed by the Charter. The decision overturned a ruling by the British Columbia Court of Appeal.

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Section 2 of the Canadian Charter of Rights and Freedoms in the context of Freedom of association

Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests.

Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization also ensures these rights.

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LINKED FROM (PARENTS)
← Freedom of association ← Right to organize ← R v Sharpe
LINKS TO (CHILDREN)
Canadian Charter of Rights and Freedoms → Constitution of Canada → Corporation → Freedom of speech → Freedom of religion → Freedom of thought → Freedom of belief → Freedom of assembly → Freedom of association → Section One of the Canadian Charter of Rights and Freedoms → Section Thirty-three of the Canadian Charter of Rights and Freedoms →