Public Order

• Author: M.H. Ogilvie
• Pages: 189-195

Chapter

Six

Public

Order

A.

INTRODUCTION

There

are a

small number

of

legal issues that cannot easily

be

accommo-

dated

exclusively within either criminal

or

constitutional

law

because

they

partake

of

some elements

of

both categories.

In

this chapter, these

topics

are

grouped together under

the

rubric "public order," since public

order appears

to be in

some

way a

unifying

feature.

Many

of

these cases

pose unique criminal

or

constitutional issues; however, because they

appear

to be out of the

mainstreams

of

these areas, they have been col-

lected

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

dif-

ficult

to

discern general themes

or

policies

of the law in

relation

to

"pub-

lic

order" other than

a

determination

by the

courts

to

enforce

it.

B.

RELIGIOUS

SOLICITATION

In R. v. Big M

Drug

Mart

Ltd.,1

the

Supreme Court

of

Canada included

freedom

of

expression

and

freedom

to

proselytize

as

constituent elements

in

freedom

of

religion pursuant

to

section

2

(a) of the

Charter.

Although

1

[1985]

1

S.C.R.

295.

189