CONSTITUTIONAL LAW
Charter of Rights
Fundamental Freedom
Judicial review of Canada Post Corporation’s refusal to distribute applicant’s leaflet on grounds sexually explicit—Grounds found in Unaddressed Admail Customer Guide—Reasonable to conclude leaflet sexually explicit—Decision to refuse leaflet for distribution prima facie infringing Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 2(b) (freedom of expression)—Power to issue Customer Guide within Canada Post’s powers—Exercise of right reasonable limit prescribed by law pursuant to Charter, s . 1—But Customer Guide going beyond Non-mailable Matter Regulations, SOR/90-10, in force—Threshold under Regulations for excluding material from distribution illegality—Images not illegal—Although not ultra vires, Canada Post’s decision inconsistent with regulation in place—Application allowed—Order suspended for six months to allow Canada Post opportunity to promulgate regulations rendering impugned guide enforceable.
Sex Party v. Canada Post Corp. (T-65-06, 2008 FC 41, Beaudry J., judgment dated 14/1/08, 37 pp.)