7.(7 Marks) Sally owns and operates a day spa calledTranquility SpaInc.that is located in downtown Toronto. The City of Toronto has recently passed By-law #428 that states:

1. All business owners operating a spa that use alternative forms of water treatments (e.g., chlorine-free) are prohibited from advertising to the general public.
2. Every business owner and operator of a spa that convenes this by-law is guilty of an offence and is liable to a penalty that may result in fine up to $10,000.00

Sally is worried about the by-law becauseTranquility Spa Inc.is a chlorine-free spa that has installed cedar whirlpool tubs with ozonation water treatment process to provide its clientele a safe and healthy alternative to chlorine cleansers. A prime feature ofTranquility Spa'smarketing plan is to advertise to the public the spa's use of alternative forms of water treatment. Last week, Sally was charged under By-law #428 and fined $5,000.00

Sally calls a City Councillor to complain about the by-law. The City Councillor explains to Sally that the City of Toronto Council introduced the By-law because the City Council is worried about the increase incommunicable diseases in Toronto and the public's use of public water facilities. The City Councillor further explained that in passing the by-law the City Council wanted to prevent injuries, drownings, the toxic effects of chemical contaminants and outbreaks of waterborne diseases. The City Council's by-law was based on the findings from a recent study from the World Health Organization (WHO) that reported the following:

Spas are used by millions of people seeking recreation, rehabilitation, wellness and other health benefits. However, several communicable diseases - cryptosporidiosis, giardiasis, leptospirosis, legionellosis, bacterial and viral gastroenteritis - are commonly associated with bathing in these recreational public waters, especially in those spa facilities without proper chlorine water treatment processes.Injuries are also common. In North America, more than 13 000 injuries are estimated to occur annually, on average, among spa users.

1. (1 Mark) Principle: State -What sectionof the Charter of Rights and Freedoms should Sally's lawyer claim against the City of Toronto?

1. (2 Marks)Analysis:Explainwhat Sally's lawyer would argue usingthe above section of the Charter of Rights and Freedoms (Charter) applies?

1. (1 Mark)Principle:State -What section of the Charter of Rights and Freedoms (i.e., Charter) would the City of Toronto's lawyer argue?

1. (2 Marks)Analysis:Explain - What could the City of Toronto's lawyer argue to justify the introduction of By-law #400?

1. (1 Marks)Do you think Sally or the City of Toronto will win the Charter challenge in Court?Why - Explain your answer