IM-Bishop_2024_0920.pub

Their arguments fail to address the core concerns with the vagueness and overbreadth of the new provision, which clearly infringes our Charter-protected freedom of expression. [...] The widespread industry concern is specifically around the new prong – the new section 74.01(1)(b.2). [...] The determinative question for the provision’s constitutionality will be whether this is reasonably justified under the Oakes analysis for Section 1 of the Charter. [...] The new provision is vague because the term “internationally recognized methodology” is not otherwise defined in the Competition Act. [...] Under the Competition Act, the definition of a business also “includes the raising of funds for charitable or other non-profit purposes” – such as, for example, a university- based institute.