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 September 1, 2016

Civil Litigation as Censorship

What do you do when uninvited guests crash your party and say really offensive things? Asking them to leave is one strategy. What if they arrive masked, disguising their true purposes, and your party is an annual parade through the streets of downtown Toronto? In the case of two plaintiffs in a class action lawsuit, you sue for $104 million in damages for tortious defamation, civil conspiracy and intentional infliction of mental distress. Free speech folks should be concerned about having recourse to such litigation techniques as a response to offensive speech.
David Schneiderman
Censorship, Freedom of Expression & Its Limits