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Halpern v Canada (AG), [2003] O.J. No. 2268 is a June 10, 2003 decision of the Court of Appeal for Ontario in which the Court found that the common law definition of marriage, which defined marriage as between one man and one woman, violated section 15 of the Canadian Charter of Rights and Freedoms.
Freedom of expression in Canada is protected as a "fundamental freedom" by section 2 of the Canadian Charter of Rights and Freedoms; however, in practice the Charter permits the government to enforce "reasonable" limits censoring speech. Hate speech, obscenity, and defamation are common categories of restricted speech in Canada.
This preamble states Canada's constitution would be based upon Britain's, and Britain had limited free speech in 1867. Furthermore, free speech is considered to be necessary for a parliamentary government to function. [16] Free speech was later included in the Canadian Bill of Rights.
[2]: 232–3 Canada's fundamental justice (section 7) is therefore interpreted to include more legal protections than due process, which is the U.S. equivalent. Freedom of expression (section 2) also has a wider-ranging scope than the freedom of speech guaranteed under the U.S.
According to the Constitution of Canada, the definition of marriage is the exclusive responsibility of the federal government; this interpretation was upheld by a December 9, 2004, opinion of the Supreme Court of Canada (Reference Re Same-Sex Marriage). Until July 20, 2005, the federal government had not yet passed a law redefining marriage to ...
The Respect for Marriage Act repeals a provision in the 1996 Defense of Marriage Act that allowed states to discriminate against same-sex couples, and says that “an individual shall be ...
Alberta passed a law invoking the clause in 2000 to define marriage as "between a man and a woman"; this law was effectively declared ultra vires by the Supreme Court of Canada because only the federal Parliament can define marriage. In 2021, Ontario passed a law invoking the clause to increase the time period during which third-party groups ...
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