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Nova Scotia (Board of Censors) v McNeil, [1978] 2 S.C.R. 662 is a famous pre-Charter decision from the Supreme Court of Canada on freedom of expression and the criminal law power under the Constitution Act, 1867. The film censorship laws of the province of Nova Scotia were challenged on the basis that it constituted criminal law which could only be legislated by the federal government. The Court held that though the censorship laws had a moral dimension to it, the laws did not have any prohibition or penalty required in a criminal law.

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  • Nova Scotia (Board of Censors) v McNeil (en)
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  • Nova Scotia (Board of Censors) v McNeil, [1978] 2 S.C.R. 662 is a famous pre-Charter decision from the Supreme Court of Canada on freedom of expression and the criminal law power under the Constitution Act, 1867. The film censorship laws of the province of Nova Scotia were challenged on the basis that it constituted criminal law which could only be legislated by the federal government. The Court held that though the censorship laws had a moral dimension to it, the laws did not have any prohibition or penalty required in a criminal law. (en)
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Dissent
  • Laskin C.J. (en)
JoinDissent
  • Judson, Spence and Dickson JJ. (en)
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  • Martland, Pigeon, Beetz and de Grandpré JJ. (en)
citations
  • [1978] 2 S.C.R. 662 (en)
majority
  • Ritchie J. (en)
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  • Laws regarding local moral standards are in the provincial jurisdiction. (en)
has abstract
  • Nova Scotia (Board of Censors) v McNeil, [1978] 2 S.C.R. 662 is a famous pre-Charter decision from the Supreme Court of Canada on freedom of expression and the criminal law power under the Constitution Act, 1867. The film censorship laws of the province of Nova Scotia were challenged on the basis that it constituted criminal law which could only be legislated by the federal government. The Court held that though the censorship laws had a moral dimension to it, the laws did not have any prohibition or penalty required in a criminal law. (en)
case-name
  • Nova Scotia v McNeil (en)
decided-date
full-case-name
  • The Nova Scotia Board of Censors and The Attorney General in and for the Province of Nova Scotia v Gerard McNeil (en)
heard-date
ruling
  • Held in favour of board. (en)
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