Freedom of Expression & Its Limits

Supporters of the recently enacted bubble zone by-law in Toronto argue that the law is necessary to protect individuals, who are entering and leaving places such as synagogues and religious schools, from harassment and intimidation by protestors. While very little was said in these debates about the protection of “captive audiences” from speech they find objectionable, this concern is, I think, implicit in the claim that the speech of protestors, and more particularly pro-Palestinian protestors, is harmful. 

On 11 May 2024, in the predawn hours, members of the Edmonton Police Service walked onto the campus at the University of Alberta dressed in riot gear to execute the direction of the University of Alberta’s president, Bill Flanagan, that they clear away a Palestinian solidarity encampment that had been set up just two days before. Flanagan’s choice to exercise coercive force against the protestors, whose encampment was peaceful, so outraged the University of Alberta community that there were numerous calls for Flanagan’s resignation.

Valentine’s Day has arrived, that heart-shaped holiday that distills love into a weird brew of compulsory couplehood, performative romance, and decaying flowers. Thankfully, the day has been reimagined to honour a broader spectrum of human connection, with celebrations like Palentine, Galentine, and Broentine. But what about self-love and pleasure?

The Guardian’s decision earlier this week to stop posting on X finally prompted me to take the same step, one I have been contemplating for some time. Whereas the decision of the Guardian, which has 27-million followers, is consequential, my decision (with my 1,018 followers) is not. Still, for me, it is important to dissociate myself from what Musk has made of X.

Courtesy of the Rouleau Commission I developed a late-onset interest in freedom of peaceful assembly (FPA) and s.2(c) of the Charter. Since then it has been an ongoing concern to me that in more than forty years s.2(c) has not received an authoritative interpretation, much less been considered or discussed in any depth by the Supreme Court of Canada.

Universities have property rights. Are they entitled, as a consequence, to exclude others at will? Are property rights, especially those exercised by public institutions like universities, different from homeowners or shop owners?