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Freedom of Expression & Its Limits

Freedom of expression, a fundamental freedom under the Charter of Rights and Freedoms, is the right to express beliefs, thoughts, ideas, and emotions; to share information; and to seek and receive information and ideas without restriction. Limits on freedom of expression in Canada include Criminal Code and Human Rights provisions regarding hate speech, harassment, and discrimination; civil defamation actions; a variety of municipal by-laws; and both government and private restrictions on online access and content.

Court Submission August 5, 2025

Knauff v. Ontario (Human Rights Tribunal) et al., ONCA, Court File COA-25-OM-0074

Joint Intervener Factum of ACTO/ Animal Justice/CCLA/CFE/Democracy Watch/ISAC  – Ontario Court of Appeal. The issue is to update the test for leave to appeal decisions of the Ontario Divisional Court. We argue the test for leave to appeal established by the Ontario Court of Appeal in its 1972 Sault Dock decision should be refreshed to reflect the evolution of administrative, constitutional, and human rights law over the past 50 years, and the role of the Divisional Court in response to those changes. Based on key legal developments in recent decades, we suggest there is a need for the leave test to focus on the criterion of “public importance.” We propose a non-exhaustive list of factors that this Court ought to consider when deciding whether to grant leave to appeal decisions of the Divisional Court.
News June 30, 2025

Open Letter Calls for Reinstatement of York Region Paramedic Fired for Facebook Post Criticizing Israeli Government

Leading Canadian legal and human rights scholars released an open letter today calling on the Regional Municipality of York to reinstate a long-time member of its Paramedic Services fired for a Facebook comment deploring the Government of Israel’s bombing of Iran and its killing of journalists, municipal and health care workers, and fellow first responders in Gaza.