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.

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Blog December 9, 2025

The Feds’ “Combatting Hate Act” (C-9) Should Be Withdrawn Now

Occasionally, governments introduce legislation that gets things wrong. That certainly is the case for the Liberal Government’s Bill C-9: The Combatting Hate Act. Every aspect of it is flawed.This is a special concern because it is a bill that restricts free expressive rights. Expressive freedom is never without limits, but our courts have been very clear that any restrictions must minimally impair our fundamental democratic freedoms. 
James L Turk
Freedom of Expression & Its Limits
Court Submission November 25, 2025

Democracy Watch v. Attorney General of Canada, SCC Court File No. : 41576

CFE Intervener Factum in the Supreme Court of Canada - In this factum, CFE submits that citizens’ access — and particularly, public interest litigants’ access — to judicial review remedies is a fundamental feature of the democratic dialogue in Canada. Absent a robust remedial comparison, judicial review applicants are at risk of being rerouted to inadequate alternative processes, including political processes with which they cannot meaningfully engage.
Freedom of Expression & Its Limits