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

See all articles by Jamie Cameron

Jamie Cameron

York University - Osgoode Hall Law School

Date Written: May 11, 2010

Abstract

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

Cameron, Jamie, To the Rescue: Antonio Lamer and the Section 2(B) Cases from Quebec (May 11, 2010). Supreme Court Law Review, Vol. 46, 2009 . Available at SSRN: https://ssrn.com/abstract=1604707

Jamie Cameron (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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