Irwin Toy Ltd: Case Study

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1. Has a right or freedom been infringed? (2 marks)
Yes, a right or freedom has been infringed. Irwin Toy Ltd. Was arguing that the consumer protection legislation infringed the Quebec Charter of Human Rights. Specifically, that it violated s. 2(b) of the Canadian Charter of Rights and Freedoms. The advertising restriction violated the company’s freedom of expression.
2. Does Section 1 of the Charter justify the infringement? (2 marks)
Yes, s. 1 of the Charter does justify the infringement. The consumer protection legislation’s objectives are to protect children who are younger the age of 13 from commercial manipulation as they are highly susceptible to that type of advertising. Although the restriction does violate and impair the freedom of
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