The Dark Room Bookstore Was Recently Charged Under the Criminal

question 35

Multiple Choice

The Dark Room Bookstore was recently charged under the Criminal Code with selling magazines that contain photographs of people involved in violent and degrading sexual acts.The owner of the bookstore believes, however, that the government should not interfere in the private lives of its citizens and that he has a right to express his sexuality through the sale of such magazines.Which of the following statements is TRUE with respect to the Charter in this situation?

• A)Because freedom of expression is one of the fundamental rights that is contained in section 2 of the Charter, it cannot be subject to the notwithstanding clause.
• B)Once a court decides that the relevant provision of the Criminal Code does violate the right to freedom of expression, it becomes impossible to save that provision under section 1 of the Charter.
• C)The Charter is irrelevant in this case because the corporation that owns the store is not a person and therefore cannot claim the right to freedom of expression.
• D)Because the Charter applies only to government actions, it will not apply to this case unless the court is satisfied that at least one of the magazines was sold to a government official.
• E)The owner would have a good legal defence that his Charter rights of freedom of expression are infringed by the law.However, that law may be upheld as a reasonable infringement of the right of expression, if infringement is demonstrably justified in a free and democratic society.

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Definitions:

Liberalism

A political and moral philosophy based on liberty, consent of the governed, and equality before the law.

John Locke

was a 17th-century English philosopher and political theorist, known for his contributions to liberal theory and the social contract, influencing modern political thought and the American Founding Fathers.

Suffrage

The right to vote in political elections, often discussed in the context of movements to extend this right to all adult citizens.

Eighteenth-Century American Colonies

Refers to the British colonies in North America during the 1700s before gaining independence, characterized by economic diversity and the beginnings of colonial resistance.