Irwin Toy Ltd v Quebec (AG)

Irwin Toy Ltd v Quebec (AG)
Supreme Court of Canada
Hearing: November 19–20, 1987 Judgment: Decided April 27, 1989
Full case name	The Attorney General of Quebec v Irwin Toy Limited
Citations	[1989] 1 S.C.R. 927
Docket No.	20074 [1]
Prior history	Appeal allowed
Court membership
Chief Justice: Brian Dickson Puisne Justices: Jean Beetz, Willard Estey, William McIntyre, Antonio Lamer, Bertha Wilson, Gerald Le Dain, Gérard La Forest, Claire L'Heureux-Dubé
Reasons given
Majority	Dickson C.J. and Lamer and Wilson JJ.
Dissent	McIntyre J., joined by Beetz J.
Estey J. took no part in the consideration or decision of the case.
Laws applied
Attorney General of Quebec v. Kellogg's Co. of Canada, (1978); R. v. Oakes, (1986); Ford v. Quebec (Attorney General), (1988); Devine v. Quebec (Attorney General), (1988); R. v. Big M Drug Mart Ltd., (1985)

Irwin Toy Ltd v Quebec (AG), [1989] 1 S.C.R. 927 is a landmark Supreme Court of Canada decision on freedom of expression in section 2(b) of the Canadian Charter of Rights and Freedoms. The court held that in order to determine if a breach of section 2(b) had occurred one first had to determine whether the conduct constituted non violent activity which attempted to convey meaning. This changed the law of the constitution of Quebec. The next step was to consider whether the effect or purpose of the legislation was to restrict freedom of expression. Applying the analysis, the Court held that a Quebec law that restricted advertising directed to children was valid law which violated section 2(b) but could be justified under section 1.