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Democracy

Democracy is a form of governance in which differences in a heterogeneous society are dealt with through discussion, argument, and debate rather than force or violence. Public discourse allows members of society to become informed, evaluate government decisions, expose wrongdoing, challenge majorities, and advocate for change. Freedom of expression makes this possible. A government that can silence criticism may still hold elections, but ceases to be fully democratic in any meaningful sense.

Blog September 4, 2024

Should the Celebration of Terrorist Acts be Criminalized?

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.
Court Submission May 2, 2024

Working Families Coalition (Canada) Inc. v. Ontario (Attorney General), SCC, Court File No. 40475

CFE Intervener Motion Record - Supreme Court of Canada The issue in this appeal is whether Ontario Bill 307’s amendments to the Election Finances Act violate the informational element of a citizen’s right to vote under s. 3 of the Charter. Bill 307 re-enacted third-party spending limits that were declared invalid under s. 2(b) of the Charter, and invoked s. 33 to protect those spending limits from Charter review. The question in this appeal is whether limits on third party spending that are unconstitutional under s. 2(b) are also an unjustifiable violation of s. 3 which cannot be overriden by s. 33.
Blog October 23, 2023

What Happened to Your Commitment to Freedom of Expression, Premier Ford?

On August 30, 2018, your government, Premier Ford, proclaimed it was going to champion free expression. You were quite clear: “Ontario's Government for the People is delivering on its promise to uphold free speech on every Ontario publicly funded university and college campus, Premier Doug Ford announced today.” You added, "Our government made a commitment to the people of Ontario to protect free speech on campuses. Promise made, promise kept." 
Blog December 19, 2022

Strong Mayor, Weak Democracy

Much criticism has been aimed at Toronto mayor John Tory and Ontario premier Doug Ford over the unprecedented powers given to Tory and to all future mayors of Toronto by the provincial legislature. Since Toronto has in recent years had such mayoral luminaries as ‘don’t want to be boiled in a pot by cannibals’ Mel Lastman as well as crack-using Rob Ford, one can only wonder what ‘evidence’ was gathered to support giving Toronto mayors additional powers.
Blog January 14, 2021

Why We Defend Nasty Speech

I don’t know about you, but I am not fond of humour that is aimed at humiliating or degrading individuals, even if those individuals are public figures. It is one thing to point out the foibles of people’s actions and another to make fun of someone’s appearance or other characteristics that are immutable. I am truly over racist, sexist, and body-shaming humour.