Canadian environmental activists are sometimes charged with offences for actions taken during their protests. Which of the following might constitute a basis for activists to challenge convictions arising out of their protest activities?

Question

Quizplus · Accepted Answer

The Charter rights of freedom of peaceful assembly and freedom of association protect an individual's right to participate in peaceful protests and to associate with others for common purposes. These rights may provide a basis for activists to challenge convictions arising out of their protest activities. The doctrine of paramountcy relates to conflicts between federal and provincial laws and is not applicable here. The common law right to freedom of expression is related but may not provide as strong a basis for challenging convictions as the Charter rights. The notwithstanding clause allows governments to override certain Charter rights, but it is not relevant in this context.

Canadian Environmental Activists Are Sometimes Charged with Offences for Actions