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CHA PTER 6
PUBLIC OR DER
A. INTRODUCTION
There are a small number of legal issue s that cannot easily be accommo-
dated exclusively within either criminal or constitutional law because
they partake of some elements of both c ategories. In this ch apter, these
topics are grouped together under the rubric “public order,” since pub-
lic order appears to be in some way a unif ying feature. Many of these
cases pose un ique criminal or constitutional issues; however, because
they appear to be out of the main streams of these areas, they have be en
collected in this chapter. Each issue considered here has typically been
the topic of judicial adjudication on only one or a few instances, so it
is difficult to discern general themes or policies of the law in rel ation
to “public order” other than a determinat ion by the courts to enforce it.
B. RELIGIOUS SOLICITAT ION
In R. v. Big M Drug Mart Ltd.,1 the Supreme Court of Canada included
freedom of expression and freedom to proselyt ize as constituent ele-
ments in freedom of religion pursuant to sect ion 2(a) of the Charter.
This means that door-to-door pamphlet solicitation is permitted pursu-
ant to section 2(a) and municipal bylaws limiting the hours of permitted
