Freedom of Expression & Its Limits

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. 

Last week, the federal government blocked the Irish hip-hop group Kneecap from entering Canada. The group was scheduled to perform two concerts, one in Toronto and the other in Vancouver.

Municipalities across Ontario are being pressured by lobby groups to pass so-called “bubble zone” bylaws to prevent legal protests they do not like. Such bylaws do two things. First, they prohibit already illegal behaviour like violence, threats of violence, preventing access to buildings, and harassment on public property (streets, sidewalks, parks) within a certain distance of designated infrastructure, such as religious centres, school buildings, hospitals, and childcare facilities. Second, they prohibit legal free expression on public property within the restricted zone. 

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?