Assn. of Canadian Distillers v. Canada ( Radio-Television and Telecommunications Commission )
T-225-90
Rouleau J.
16/12/94
4 pp.
Application for judgment on consent declaring Television Broadcasting Regulations, 1987, s. 6(2) of no force or effect as infringing Charter, s. 2(b)-Regulations in issue containing general prohibition against advertising of alcoholic beverages, subject to certain exceptions-Order sought not granted as insufficient facts before Court to warrant course of action-Facts agreed upon by parties not justifying finding impugned regulation breaches rights guaranteed by Charter, s. 2(b), or if so, infringement cannot be justified as reasonably necessary in free and democratic society-Conclusion of defendant's employee not meeting factual background set out by Supreme Court of Canada in MacKay v. Manitoba, [1989] 2 S.C.R. 357-Defendant free to repeal impugned regulation without issuance of declaration-Application dismissed-Television Broadcasting Regulations, 1987, SOR/87-49, s. 6(2)-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).