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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.

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.