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CFE Blog

Blog June 13, 2024

Student Protest Encampments and Section s.2(c) of the Charter

In spring 2024 student encampments at Canadian and US universities provoked strong reactions for and against pro-Palestinian demonstrations on campus property. While some Canadian universities called in police to disperse demonstrators, others looked to the courts for injunctions compelling students to disperse and abandon their encampments.
Blog January 9, 2023

Freedom Of Expression and the Charter: 1982-2022 (Part 5 of 5)

So far, this blog series has commented on City of Toronto v. Ontario (2021) and Ward v. Quebec (2021); offered a quantitative and qualitative synopsis of the s.2(b) case law; provided a critique of Irwin Toy and the contextual approach; and addressed the Supreme Court of Canada’s jurisprudence on the open court principle and freedom of the press and media. Even so, when complete the series will still leave much unsaid about s.2(b) and its challenges.
Blog February 10, 2022

Freedom of Expression and the Charter: 1982-2022 (Part 1 of 5)

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.