Rocket v. Royal College of Dental Surgeons of Ontario
Encyclopedia
Rocket v. Royal College of Dental Surgeons of Ontario, [1990] 2 S.C.R. 232 is a leading constitutional decision of the Supreme Court of Canada
on the right to freedom of expression under section 2(b)
of the Canadian Charter of Rights and Freedoms
. The Court struck down a law prohibiting professionals from advertising
as it was too broad.
Dr. Rocket and Dr. Price were dentists practicing in Ontario
. They started an advertisement campaign to promote their practice. They were charged with violating the prohibition of advertising under the Health Disciplines Act.
Justice McLachlin
, writing for a unanimous Court, held that the Act violated section 2(b) of the Charter and it could not be saved under section 1 of the Charter. Consequently, the law must be struck down.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on the right to freedom of expression under section 2(b)
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. The Court struck down a law prohibiting professionals from advertising
Advertising
Advertising is a form of communication used to persuade an audience to take some action with respect to products, ideas, or services. Most commonly, the desired result is to drive consumer behavior with respect to a commercial offering, although political and ideological advertising is also common...
as it was too broad.
Dr. Rocket and Dr. Price were dentists practicing in Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
. They started an advertisement campaign to promote their practice. They were charged with violating the prohibition of advertising under the Health Disciplines Act.
Justice McLachlin
Beverley McLachlin
Beverley McLachlin, PC is the Chief Justice of Canada, the first woman to hold this position. She also serves as a Deputy of the Governor General of Canada.-Early life:...
, writing for a unanimous Court, held that the Act violated section 2(b) of the Charter and it could not be saved under section 1 of the Charter. Consequently, the law must be struck down.