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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 January 9, 2023

Freedom Of Expression and the Charter: 1982-2022 (Part 5 of 5)

So far, this blog series has commented on City of Toronto v. Ontario (2021) and Ward v. Quebec (2021); offered a quantitative and qualitative synopsis of the s.2(b) case law; provided a critique of Irwin Toy and the contextual approach; and addressed the Supreme Court of Canada’s jurisprudence on the open court principle and freedom of the press and media. Even so, when complete the series will still leave much unsaid about s.2(b) and its challenges.