Irwin Toy Ltd. V. Attorney General Quebec

[1989] 1 S.C.R. 927 (1989)

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Irwin Toy Ltd. V. Attorney General Quebec

Canada Supreme Court
[1989] 1 S.C.R. 927 (1989)

KS

Facts

The Consumer Protection Act included prohibitions on commercial advertising targeting children under 13 years old. In 1980, the Quebec Consumer Protection Office claimed that Irwin Toy Ltd. (Irwin Toy) (defendant) ran advertisements targeting young children in violation of the Consumer Protection Act. In November 1980, after receiving several warnings about the content of its advertising, Irwin Toy sought a declaratory judgment that the sections of the Consumer Protection Act were unconstitutional. Irwin Toy argued that its advertisements targeting young children were protected speech that the government could not restrict and challenged that the prohibition on advertising to children under 13 was ultra vires. Concurrently, over 180 charges of contravention of the Consumer Protection Act were filed against Irwin Toy. Irwin Toy argued that the Consumer Protection Act violated the company’s freedom of expression as protected by the Quebec Charter of Human Rights and Freedoms (the Quebec charter) and the Canadian Charter of Rights and Freedoms (the Canadian charter).

Rule of Law

Issue

Holding and Reasoning (Dickson, C.J., Lamer and Wilson, J.J.)

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