The Supreme Court of Canada on the Structure of Freedom of Expression Adjudication

Moon, Richard

doi:10.2307/825732

“…13 American Association for Nude Recreation "Discover Nudism" (2010) < www.aanr-wc.com>. 15 At [67]. 16 Pointon (No 1), above n 1, at [1].…”

Section: B Naturismmentioning

confidence: 99%

“…circumstances. As Richard Moon notes, this definition "suggests that what distinguishes expression from other voluntary acts is the intention to form a relationship of communication with another" 67. This test was also endorsed by the High Court in Schubert v Wanganui District Council.68 Clifford J noted that this approach would accord with New Zealand authority, citing Geiringer, Hopkinson and the Court of Appeal in R v Morse, 69 and that it was in line with both American and Canadian case law.…”

mentioning

confidence: 99%

Public nudity and the right to freedom of expression: Balancing competing interests

Lincoln¹

0

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<p>With little case law concerning nudity and the right to freedom of expression, this paper aims to uncover the appropriate frameworks to be used to determine the following questions: (a) when is public nudity “expression” for the purposes of s 14 of the New Zealand Bill of Rights Act 1990, and (b) in what circumstances involving “expressive” public nudity would it be reasonable and demonstrably justifiable to limit the right to freedom of expression using s 4(1)(a), as per s 5 of the Bill of Rights Act? As regards the first of these questions, this paper critiques the current test in use in New Zealand for determining whether conduct is expression – the test developed by the Canadian Supreme Court in Irwin Toy Ltd v Attorney-general (Quebec) – and advocates for the adoption of a purposive approach to determining the scope of the right to freedom of expression. As for the second of these questions, this paper advocates for the adoption of “the modified Hansen sequence” proposed by Professor Claudia Geiringer. This paper then uses recent examples of public nudity involving naturists and protestors to test these frameworks and to illustrate how they would operate in practice.</p>

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“…13 American Association for Nude Recreation "Discover Nudism" (2010) < www.aanr-wc.com>. 15 At [67]. 16 Pointon (No 1), above n 1, at [1].…”

Section: B Naturismmentioning

confidence: 99%

“…circumstances. As Richard Moon notes, this definition "suggests that what distinguishes expression from other voluntary acts is the intention to form a relationship of communication with another" 67. This test was also endorsed by the High Court in Schubert v Wanganui District Council.68 Clifford J noted that this approach would accord with New Zealand authority, citing Geiringer, Hopkinson and the Court of Appeal in R v Morse, 69 and that it was in line with both American and Canadian case law.…”

mentioning

confidence: 99%

Public nudity and the right to freedom of expression: Balancing competing interests

Lincoln

¹

0

View full text Add to dashboard Cite

<p>With little case law concerning nudity and the right to freedom of expression, this paper aims to uncover the appropriate frameworks to be used to determine the following questions: (a) when is public nudity “expression” for the purposes of s 14 of the New Zealand Bill of Rights Act 1990, and (b) in what circumstances involving “expressive” public nudity would it be reasonable and demonstrably justifiable to limit the right to freedom of expression using s 4(1)(a), as per s 5 of the Bill of Rights Act? As regards the first of these questions, this paper critiques the current test in use in New Zealand for determining whether conduct is expression – the test developed by the Canadian Supreme Court in Irwin Toy Ltd v Attorney-general (Quebec) – and advocates for the adoption of a purposive approach to determining the scope of the right to freedom of expression. As for the second of these questions, this paper advocates for the adoption of “the modified Hansen sequence” proposed by Professor Claudia Geiringer. This paper then uses recent examples of public nudity involving naturists and protestors to test these frameworks and to illustrate how they would operate in practice.</p>

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The Imaginationless Generation

Goltz¹,

Dowdeswell²

2019

1

0

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The Supreme Court of Canada on the Structure of Freedom of Expression Adjudication

Cited by 14 publications

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Public nudity and the right to freedom of expression: Balancing competing interests

Public nudity and the right to freedom of expression: Balancing competing interests

Public nudity and the right to freedom of expression: Balancing competing interests

The Imaginationless Generation

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