Landmark Case: Freedom of Expression and Advertising to Children – Irwin Toy Ltd. v. Quebec (AG)

Each OJEN Landmark Case includes a case summary, classroom discussion questions and worksheets that encourage students to explore both the legal and societal importance of the case.

In 1980, Irwin Toy Limited, a toy manufacturer, applied to the Superior Court of Quebec for a declaration that sections 248 and 249 of Quebec’s Consumer Protection Act, which prohibited advertising directed at children under thirteen years of age, violated the Quebec Charter of Human Rights and Freedoms. The court dismissed the application.

On appeal, Irwin Toy argued that sections 248 and 249 also violated their s. 2(b) rights to freedom of expression under the Canadian Charter of Rights and Freedoms, which had come into force after the case went to trial. The majority of the Supreme Court of Canada held that the sections infringed s. 2(b) of the Charter but could be justified under s. 1. The full decision is available here.