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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 May 6, 2020

Making it illegal will not stop the spread of misinformation

As we have seen in recent elections and in the present pandemic, misinformation can do real harm.  But the Canadian government’s plan to consider legislation to criminalize the spreading of misinformation is the wrong response. Criminalization will not stop misinformation. In fact, it often draws more attention to it, as well as undermines civil liberties and human rights essential in a democratic society. 
Blog April 14, 2020

Educating for Democracy in the Time of COVID-19

For those of us who have young people in our lives, the COVID-19 pandemic can present a unique opportunity to engage them in exercises that focus on democracy. Whether those young people are stuck in your home with you, or are distanced from you and only reachable using some kind of media (including your basic telephone), you can spend a little of the rather too abundant time we now have asking and considering important questions. 
Blog February 19, 2020

Have we Lost the Plot with Polanski?

Roman Polanksi’s back in the news again, this time because of the 12 César Academy nominations he received for his latest film, An Officer and a Spy. Outrage ensued, as it always does, whenever the fugitive director receives any recognition for his work.  In response to the criticism, the entire César Academy Board resigned last week.  While some may view this as a #metoo victory, I wonder if we have allowed punitive impulses to misplace our priorities.
Blog February 3, 2020

Political boycotts are protected expression in Canada

Dr. David Kattenburg is a wine lover and activist. Recently, he merged these two passions together by litigating the issue of whether political boycotts are a form of Charter-protected expression. Specifically, in a judicial review before the Federal Court, Dr. Kattenburg challenged the Canadian Food Inspection Agency’s decision to maintain the labeling of wines produced by Israeli settlers in the West Bank as “Products of Israel”. In the evidence before the Court, Dr.