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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 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.