The Court held that commercial advertising engages protected expression but upheld Quebec's restriction on advertising directed at children under thirteen.
The dispute involved Quebec's Consumer Protection Act restricted commercial advertising directed at persons under thirteen. Irwin Toy challenged the law under provincial legislative powers and federal and provincial constitutional rights, including the Canadian Charter's protection of freedom of expression.
The central question was Whether the province could enact the advertising restrictions, whether commercial advertising falls within protected expression under section 2(b), and whether limits directed at protecting children were justified under section 1 and the Quebec Charter.
The Court held commercial advertising is expressive activity protected prima facie by section 2(b), and the restrictions infringed it. The majority nevertheless found the limits justified because protecting children from advertising manipulation was a pressing objective and the chosen provisions were proportionate within the applicable constitutional framework. Beetz and McIntyre JJ. dissented on justification.
Disposition: Quebec Attorney General's appeal allowed by majority; the children's advertising restrictions were upheld as constitutionally justified.
Primary source: Supreme Court of Canada, Irwin Toy Ltd. v. Quebec (Attorney General), 1989 1 SCR 927. Full official reasons.