CFE Blog

The Guardian’s decision earlier this week to stop posting on X finally prompted me to take the same step, one I have been contemplating for some time. Whereas the decision of the Guardian, which has 27-million followers, is consequential, my decision (with my 1,018 followers) is not. Still, for me, it is important to dissociate myself from what Musk has made of X.

One of the questions I always enjoyed asking school kids is, “To whom does the Canadian Charter of Rights and Freedoms apply?” While there are many possible answers, one that I like to hear is that the Charter is about the relationship between governments and the people who live in Canada. In other words, it applies to all of us.

Courtesy of the Rouleau Commission I developed a late-onset interest in freedom of peaceful assembly (FPA) and s.2(c) of the Charter. Since then it has been an ongoing concern to me that in more than forty years s.2(c) has not received an authoritative interpretation, much less been considered or discussed in any depth by the Supreme Court of Canada.

Universities have property rights. Are they entitled, as a consequence, to exclude others at will? Are property rights, especially those exercised by public institutions like universities, different from homeowners or shop owners?

In the last few months several groups in Canada have called on the federal government to enlarge the scope of the Criminal Code ban on speech that counsels others to engage in acts of terrorism to include an explicit prohibition on the “glorification of terrorism”. A ban on the glorification of terrorism might extend to speech that celebrates the murder of Israeli civilians by Hamas on October 7 or the 9-11 attacks in the United States.

Earlier this month the University of Windsor reached an agreement with the occupants of a pro-Palestinian encampment on the university’s grounds. The agreement brought a peaceful end to the protest. Several of the leading Jewish organizations in Canada have been harshly critical of the agreement. Their principal complaints (listed 1 to 5) are that: