CFE Blog

Day in and out, the news attests that freedom of expression is as precarious as ever, in Canada and around the world – imploring us at all times to remain vigilant and not take freedom for granted. 

Late in 2021, the Supreme Court of Canada rendered two of its most consequential Charter decisions on freedom of expression in recent years: City of Toronto v. Ontario and Ward v. Quebec. That endpoint in 2021 is the starting point of a 5-part series on s.2(b) of the Charter and its passage from 1982 to the present. The series begins with City of Toronto and Ward, two decisions dividing the Court 5-4 and pointing in opposite directions that raise perplexing questions about expressive freedom – and the Court itself. Of particular concern is the bloc mentality of these decisions and how it undermined principled decision making on important s.2(b) issues.

On June 23, 2020, B’Nai Brith issued a press release and posted an online petition calling on York University President and Vice-Chancellor Rhonda Lenton to bar Professor Faisal Bhabha from teaching any “human rights” course at Osgoode Hall Law School. More than six weeks later, the President has not provided an open or transparent response to B’Nai Brith’s widely publicized condemnation of Bhabha and petition to remove him from the classroom.  The professor

On July 30, 2018, the newly elected Ford government introduced legislation reducing the size of Toronto City Council from 47 to 25 councillors. Bill 5 was enacted in haste on August 14, 2018, about two weeks later.

Your Ward News (YWN) is a publication of unremitting offensiveness – in truth it is little more than a senseless and grotesque cartoon. Yet that is largely beside the point under the Charter. Though it took time and a concerted campaign by those offended by YWN’s existence, the law’s force was eventually brought to bear on its publishers.

Even as technology transforms the world of communication – as it has over the course of history – defamation law remains strangely impervious to change. True enough, the law has evolved over time – indeed centuries – but nonetheless seems as beholden as ever to an archaic muddle of backwater rules and concepts.