Does a Regulation restricting the distribution of material on a school premises need to be interpreted in the context of Charter values?

Ontario, Canada

The following excerpt is from Greater Essex County District School Board v. Canadian Union of Public Employees, Local 1348, 2010 CanLII 47900 (ON LRB):

32. The union says, and I accept this argument, that the Regulation restricting the distribution of material on school premises should be read subject to any rights the union may have under the Act and in the context of Charter values. That means I ought, when there are two reasonable interpretations, to prefer that which upholds a value embodied in the Charter: Hills v. Canada (Attorney-General), 1988 CanLII 67 (SCC), 1988 CanLII 67 (S.C.C.), (1988), 48 D.L.R. (4th) 193 (S.C.C.), at 226-7.

Other Questions

In what circumstances will an arbitrator be bound to follow the interpretation of Arbitrator Starkman’s interpretation of the Interpretation of the Arbitrator's Interpretation in a dispute? (Ontario, Canada)
If a property has been valued at a fair value after the date of a valuation date, can the value of the property change from its original valuation date to its current value? (Ontario, Canada)
How have the courts interpreted s. 7 of the Charter of Canada’s Charter of Rights and Freedoms? (Ontario, Canada)
In the context of the Capital Tax Regulation, what are the implications of the Federal and provincial interpretation bulletins? (Ontario, Canada)
Is a restriction of practice appropriate in the context of integrity concerns? (Ontario, Canada)
How have courts interpreted carelessness or recklessness in the context of an allegation of fraud? (Ontario, Canada)
How has the transferred intent doctrine been interpreted in the context of consummated criminal homicides? (Ontario, Canada)
In what circumstances will a judge order the production of materials relevant to a Charter challenge? (Ontario, Canada)
What is the impact of proximity between primary school and secondary school? (Ontario, Canada)
How has the deemed named insured provision been interpreted in the context of a motor vehicle accident claim? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.