Montréal (City of) v 2952-1366 Québec Inc, [2005] 3 S.C.R. 141, 2005 SCC 62 is a leading Supreme Court of Canada decision on freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms. The Court held that a strip club has no constitutional right to broadcast music into public streets in order to attract customers. The decision stated that location of the expression was a factor in considering if there was a violation.
In 1996, the owner of a Montreal strip club on Ste‑Catherine Street was charged for violating a Montreal by-law which prohibited "noise produced by sound equipment". The owner challenged the charge on the grounds that the municipal law was a violation of his freedom of expression under section 2(b) of the Charter.
The following issues were put to the Supreme Court:
Does the municipality have the power to enact the law?
Does the by-law Infringe Section 2(b) of the Canadian Charter?
In a six to one decision the Court found that the by-law was valid, that it violated the freedom of expression, but was saved under section 1.
Opinion of the Courtedit
Chief Justice McLachlin and Justice Deschamps wrote the decision for the majority. In their decision they examined the scope of the freedom of expression and added that the location of the expression was relevant to a finding of a violation. In the current situation, there was a violation.
The violation was found to be justified under section 1. They held that the purpose of controlling noise pollution was a sufficiently important purpose and the means available were reasonable.
montréal, city, 2952, 1366, québec, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Montreal City of v 2952 1366 Quebec Inc news newspapers books scholar JSTOR November 2007 template removal help Montreal City of v 2952 1366 Quebec Inc 2005 3 S C R 141 2005 SCC 62 is a leading Supreme Court of Canada decision on freedom of expression under section 2 b of the Canadian Charter of Rights and Freedoms The Court held that a strip club has no constitutional right to broadcast music into public streets in order to attract customers The decision stated that location of the expression was a factor in considering if there was a violation Montreal City of v 2952 1366 Quebec IncSupreme Court of CanadaHearing October 14 2004 Judgment November 3 2005Full case nameCity of Montreal Appellant v 2952 1366 Quebec Inc Respondent with Attorney General of Ontario IntervenerCitations 2005 3 S C R 141 2005 SCC 62HoldingThe scope of the right to freedom of expression is location dependent Law prohibiting noise in street justified under section 1 Court membershipChief JusticeBeverley McLachlin C J Puisne JusticesMichel Bastarache Ian Binnie Louis LeBel Marie Deschamps Rosalie Abella and Louise Charron JJ Reasons givenMajority opinion by McLachlin C J and Deschamps J Joined by Bastarache LeBel Abella and Charron JJ Dissent by Binnie J Contents 1 Background 2 Opinion of the Court 3 See also 4 External linksBackground editIn 1996 the owner of a Montreal strip club on Ste Catherine Street was charged for violating a Montreal by law which prohibited noise produced by sound equipment The owner challenged the charge on the grounds that the municipal law was a violation of his freedom of expression under section 2 b of the Charter Both the Quebec Superior Court and the Quebec Court of Appeal agreed that the law violated the freedom of expression and could not be saved under section 1 of the Charter The following issues were put to the Supreme Court Does the municipality have the power to enact the law Does the by law Infringe Section 2 b of the Canadian Charter In a six to one decision the Court found that the by law was valid that it violated the freedom of expression but was saved under section 1 Opinion of the Court editChief Justice McLachlin and Justice Deschamps wrote the decision for the majority In their decision they examined the scope of the freedom of expression and added that the location of the expression was relevant to a finding of a violation In the current situation there was a violation The violation was found to be justified under section 1 They held that the purpose of controlling noise pollution was a sufficiently important purpose and the means available were reasonable See also editList of Supreme Court of Canada cases McLachlin Court External links editFull text of Supreme Court of Canada decision available at LexUM and CanLII Text of the Court of Appeal decision nbsp nbsp This article about Canadian law is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Montreal City of v 2952 1366 Quebec Inc amp oldid 1123021939, wikipedia, wiki, book, books, library,
