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 November 15, 2024

Why I will no longer post on Elon Musk’s X

The Guardian’s decision earlier this week to stop posting on X finally prompted me to take the same step, one I have been contemplating for some time. Whereas the decision of the Guardian, which has 27-million followers, is consequential, my decision (with my 1,018 followers) is not. Still, for me, it is important to dissociate myself from what Musk has made of X.

James L Turk

Internet and Social Media, Disinformation, Freedom of Expression & Its Limits

Blog October 28, 2024

A concept of peaceful assembly under s.2(c) of the Charter

Courtesy of the Rouleau Commission I developed a late-onset interest in freedom of peaceful assembly (FPA) and s.2(c) of the Charter. Since then it has been an ongoing concern to me that in more than forty years s.2(c) has not received an authoritative interpretation, much less been considered or discussed in any depth by the Supreme Court of Canada.

Jamie Cameron

Freedom of Expression & Its Limits

Blog October 18, 2024

What if Charter Values Mattered?

Universities have property rights. Are they entitled, as a consequence, to exclude others at will? Are property rights, especially those exercised by public institutions like universities, different from homeowners or shop owners?

David Schneiderman

Freedom of Expression & Its Limits

Blog September 4, 2024

Should the Celebration of Terrorist Acts be Criminalized?

In the last few months several groups in Canada have called on the federal government to enlarge the scope of the Criminal Code ban on speech that counsels others to engage in acts of terrorism to include an explicit prohibition on the “glorification of terrorism”. A ban on the glorification of terrorism might extend to speech that celebrates the murder of Israeli civilians by Hamas on October 7 or the 9-11 attacks in the United States.

Richard Moon

Freedom of Expression & Its Limits

Blog July 23, 2024

What to Make of the Controversy over the University of Windsor Agreement to End the Encampment

Earlier this month the University of Windsor reached an agreement with the occupants of a pro-Palestinian encampment on the university’s grounds. The agreement brought a peaceful end to the protest. Several of the leading Jewish organizations in Canada have been harshly critical of the agreement. Their principal complaints (listed 1 to 5) are that:

Richard Moon

Academic Freedom, Freedom of Expression & Its Limits

Blog July 17, 2024

Universities, peaceful encampment and the law of trespass: University of Toronto (Governing Council) v. Doe et al.

Some 50 days after protestors set up a camp known as Occupy U of T, Ontario Superior Court granted the University of Toronto an injunction that ordered occupants to dismantle the site and discontinue their demonstration.

Jamie Cameron

Academic Freedom, Freedom of Expression & Its Limits