1/17/2024 0 Comments Right to peaceably assembleThe court agrees, and finds the law unconstitutional and of no force. The protesters go to court and argue that this anti-protest law goes against 2(c) and the freedom of peaceful assembly. Then imagine that the government passed a law prohibiting protests at schools. The notwithstanding clause lets a government override a decision of a court that allows peaceful assembly.įor example, picture a group that peacefully assembled to protest student dress codes. The freedom is subject to the “ notwithstanding clause,” which is section 33 of the Charter. Since people often gather to express themselves, courts have viewed freedom of expression as the more applicable freedom.Īs with other Charter freedoms, peaceful assembly has its limits. Instead, courts treat it as an aspect of a person’s freedom of expression, which is protected under section 2(b). It indicates that breaches of the peace, such as riots, receive no protection.Īlthough drafted as a separate right, Canadian courts have not focused much attention on section 2(c). The wording of section 2(c) qualifies the freedom, guaranteeing only peaceful assembly. Section 2(c) of the Charter of Rights and Freedoms guarantees the freedom of “peaceful assembly.” It is one of the fundamental freedoms protected in the Charter. The section protects a person’s right to gather with others and express ideas. Section 2(c): Freedom of Peaceful Assembly
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