Public Order

• Author: M.H. Ogilvie
• Pages: 197-206

197

CHA PTER 6

PUBLIC OR DER

A. INTRODUCTION

There are a small number of legal issue s that cannot easily be accommo-

dated exclusively within either criminal or constitutional law because

they partake of some elements of both c ategories. In this ch apter, these

topics are grouped together under the rubric “public order,” since pub-

lic order appears to be in some way a unif ying feature. Many of these

cases pose un ique criminal or constitutional issues; however, because

they appear to be out of the main streams of these areas, they have be en

collected in this chapter. Each issue considered here has typically been

the topic of judicial adjudication on only one or a few instances, so it

is diff‌icult to discern general themes or policies of the law in rel ation

to “public order” other than a determinat ion by the courts to enforce it.

B. RELIGIOUS SOLICITAT ION

In R. v. Big M Drug Mart Ltd.,1 the Supreme Court of Canada included

freedom of expression and freedom to proselyt ize as constituent ele-

ments in freedom of religion pursuant to sect ion 2(a) of the Charter.

This means that door-to-door pamphlet solicitation is permitted pursu-

ant to section 2(a) and municipal bylaws limiting the hours of permitted

1 [1985] 1 S.C.R. 295.