The next step was to consider whether the effect or purpose of the legislation was to restrict freedom of expression.

The province of Quebec passed legislation that prohibited "commercial advertising directed at persons under thirteen years of age."

[5] The majority re-affirmed the decision of Ford v. Quebec (1988) by finding that freedom of expression included advertising.

On the inquiry into minimal impairment the Court held that when the government attempts to justify the necessity of a complete ban, courts will not be restrictive to social sciences, however, the government must establish a "sound evidentiary basis" for their conclusions.

The advertisers would always be able to direct ads to adults or use other means to sell children's products.