Freedom of Expression & Its Limits

The ‘Freedom Convoy’ that rolled into Ottawa on 22 January 2022 to occupy Canada’s capital was organized at least in part by a group called ‘United We Roll’, whose former activities include opposing the federal carbon tax and defending the construction of new oil and gas pipelines, the Convoy was originally operating according to the terms set out in a ‘Memorandum of Understanding’ releas

Late in 2021, the Supreme Court of Canada rendered two of its most consequential Charter decisions on freedom of expression in recent years: City of Toronto v. Ontario and Ward v. Quebec. That endpoint in 2021 is the starting point of a 5-part series on s.2(b) of the Charter and its passage from 1982 to the present. The series begins with City of Toronto and Ward, two decisions dividing the Court 5-4 and pointing in opposite directions that raise perplexing questions about expressive freedom – and the Court itself. Of particular concern is the bloc mentality of these decisions and how it undermined principled decision making on important s.2(b) issues.

Teaching is a very difficult job. It always has been and always will be. How can you care for learners who have so many varied needs and abilities and also keep everyone in the classroom safe and healthy? Well, you can’t do it alone. But now? In the midst of a pandemic when we are all concerned about our own health as well as the health of the vulnerable people in our families and communities, teachers are on their own.

It is essential that the UN General Assembly Ad Hoc Committee responsible for drafting a potential United Nations Cybercrime Treaty ensure human rights protections are embedded in the final version.  

Sometimes, you just have to wonder what is happening in Canada’s schools. As it turns out, October was quite the month for people who think about freedom of expression in education. Actually, it seems to have been a prize month for some people who don’t spend much time thinking at all.

Freedom of Expression is an important foundation of a democratic society and protected as a “fundamental freedom” in Section 2(b) of the Canadian Charter of Rights and Freedoms and under the First Amendment of the U.S. Constitution. Yet, in both countries, free expression is being used paradoxically to justify censorship. A disturbing recent example is the enactment of Texas House Bill 3979: “An Act relating to the social studies curriculum in public schools.”