To the Rescue: Antonio Lamer and the Section 2(B) Cases from Quebec
Supreme Court Law Review, Vol. 46, 2009
26 Pages Posted: 12 May 2010
Date Written: May 11, 2010
The Quebec cases played a crucial role in the early history of section 2(b), and Justice Lamer played a central – if previously unacknowledged – role in the decision-making process. Though there was no section 2(b) landmark and no true advocate of expressive freedom in the Dickson Court, Chief justice Lamer would write the Court's most memorable opinion on freedom of expression. The final part of this paper briefly explains why his opinion in Dagenais v. Canadian Broadcasting Corp. is not only his finest contribution to freedom of expression but a cornerstone of his Charter legacy. Open justice is the one area of vibrancy in the section 2(b) jurisprudence, and for that Chief Justice Lamer deserves full credit.
Keywords: Canadian Charter, Freedom of Expression, S. 2(b)
JEL Classification: K30, K33
Suggested Citation: Suggested Citation