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Access Coalition v Court of Appeal

The Access  o Abortion Services Act expressly empowers government to abrogate freedom of expression by establishing “access ones” within which various proscriptions set out in the Act apply. In Slaight Communication vs. Davidson, 1989 1 SCR 1038, the Supreme Court held that when a statute delegates an express power to infringe upon a Charter right, the empowering provision of the statute and not just the exercise of the power, is subject Charter scrutiny. This is because infringement of the Charter is the directly contemplated result of the exercise of the power rather than an unintended consequence. Thus, the empowering provision of the Act is subject to Charter scrutiny and, because it expressly provides for the inffingement of freedom of expression, it is invalid, unless the infringement ts justifiable as a reasonable limit prescribed bylaw which can be demonstrably justified in a free and democratic society.