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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.

Blog July 9, 2021

Who Gets to Tell Your Kids to Shut Up?

Remember when you were in high school and you got angry about a decision made by a teacher, team coach or principal?  Brandi Levy, a grade 10 student in Pennsylvania, found out she had not been promoted to the varsity cheering squad in her public high school. She also did not approve of the choice of a younger girl for the more senior team position. Not only that, she did not get the position she wanted on the school’s softball team. She was not a happy girl.
Blog June 27, 2021

There Cannot Be Real Anti-Hate Activism Without Freedom of Expression

In early June, the New York Times ran a piece by Michael Powell entitled “Once a Bastion of Free Speech, the ACLU Faces an Identity Crisis.” So what’s new? The author claims that there is a schism in the American Civil Liberties Union whereby the old or “classic” civil libertarians stand up for free speech, no matter the content of that speech, while the younger or more “woke” activists want to see the organization focus on anti-racism action.
Blog March 4, 2021

Teaching in the Shadow of Conspiracy Theories

Some years ago, a high school history teacher I know told me that he had received an essay that supported Holocaust denial. The student, who was told to use primary and secondary sources in his research, cited his grandfather. Grandpa had been in the army of an Eastern European country and had assured his grandson that the Holocaust was a hoax. He had seen Auschwitz. It had a swimming pool. It was actually like Club Med, reported Grandpa.
Blog February 1, 2021

Violent Hate Groups Must Be Held To Account — Using Rights-Violating Anti-Terrorism Laws Isn’t The Way To Do It

The violent attacks on Capitol Hill in Washington, DC, on January 6th were, in large part, a culmination of four years of a political regime that incited violence and hatred based on racism, white supremacy and xenophobia. In the aftermath, governments, law enforcement and the public are searching for ways to hold the perpetrators accountable and ensure such violence isn’t repeated, even as threats of similar mob violence on inauguration day rise.