![]() ![]() 214 British Columbia Teachers’ Federation v. British Columbia (Attorney General), 2 S.C.R. Given its strong expressive component, applicants have been inclined to argue Charter issues potentially related to section 2(c) instead under section 2(b) and, even if submissions on section 2(c) are made, courts tend to resolve the issues under section 2(b) (see, e.g., B.C.G.E.U. 3 at paragraph 48).įreedom of peaceful assembly protected under section 2(c) of the Charter has received only limited judicial interpretation. ![]() The Supreme Court has referred collectively to the section 2 freedoms as protecting rights fundamental to Canada’s liberal democratic society ( Mounted Police Association of Ontario v. While acknowledging assembly can be a particular means or modality of expression, the intrinsic value of peaceful assembly as more than an incidental or second-order freedom has also been recognized (See, for example, Bérubé c. C.J.), at paragraph 36 referring to Ontario (A.G.) v. Canada, supra).Īs discussed further below, there is a body of case law indicating that the purpose of freedom of peaceful assembly under section 2(c) is largely derivative of freedom of expression under section 2(b): “Freedom of assembly is "speech in action"” ( R. The object or purpose of the gathering, however, is not protected under section 2(c) ( R. Canada (Minister of State for Multiculturalism and Citizenship), 2 FCR 406, 1994 CanLII 3453 (FCA)). However, what little there is would appear to indicate that freedom of peaceful assembly is geared towards protecting the physical gathering together of people ( Roach v. Jurisprudence has not provided extensive commentary on the purpose of section 2(c). See also the following international, regional and comparative law instruments that are not binding on Canada but include Similar provisions: First Amendment of the American Bill of Rights article 20(1) of the Universal Declaration of Human Rights article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and article 15 of the American Convention on Human Rights. Similar provisions may be found in the following Canadian laws and international instruments binding on Canada: section 1(e) of the Canadian Bill of Rights article 21 of the International Covenant on Civil and Political Rights and article 15 of the Convention on the Rights of the Child. Everyone has the following fundamental freedoms: ![]() Section 2(c) – Freedom of peaceful assemblyĢ. ![]()
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