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  1. www.justice.gc.ca › eng › csj-sjcCharterpedia - Section 2 (b) – Freedom of expression

    Nov 15, 2024 · Journalistic immunity. Section 2 (b) does not protect all techniques of “news gathering”. Freedom of expression and freedom of the press do not encompass a broad immunity for journalists from either the production of physical evidence relevant to a criminal offence or against disclosure of confidential sources.

  2. www.canada.ca › en › canadian-heritageGuide to the Canadian Charter of Rights and Freedoms

    • Guarantee of rights and freedoms – section 1 1. Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
    • Fundamental freedoms – section 2 2. Everyone has the following fundamental freedoms: a) freedom of conscience and religion; b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
    • Democratic rights – sections 3 to 5. Democratic rights of citizens – section 3. Maximum duration of legislative bodies – section 4. Annual sitting of legislative bodies – section 5.
    • Mobility rights – section 6. Mobility of citizens 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada. Rights to move and gain livelihood.

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  4. link.springer.com › article › 10Justifying Limitations on the Freedom of Expression

    Nov 1, 2020 · The freedom of expression broadly involves the communication of ideas, opinions, convictions, beliefs, and information. International legal instruments such as the International Covenant on Civil and Political Rights (ICCPR) recognise the ‘freedom of expression’ as a right that can be exercised ‘either orally, in writing or in print, in the form of art, or through any other media of [the ...

    • Gehan Gunatilleke, Gehan Gunatilleke
    • ggunatilleke@law.harvard.edu
    • 2021

  5. ofaolain.com › 16 › section-2b-freedom-of-expressionSection 2(b): Freedom of Expression - Unofficial Charterpedia

    • Paragraph 2(b) – A requirement for positive government action? Freedom of expression usually only requires that the government refrain from interfering with the exercise of the right.
    • Does paragraph 2(b) protect a broader right of access to information? Paragraph 2(b) guarantees freedom of expression, not access to information, and therefore does not guarantee access to all documents in government hands.
    • The open court principle. With respect to courts, particularly criminal proceedings, there is a general presumption favouring openness (R. v. MacIntyre, [1982] 1 S.C.R.
    • Access to legislative proceedings. Parliamentary privileges are constitutional and therefore a legislative assembly can regulate access to its proceedings pursuant to its privileges, even if doing so limits the freedom of the press to report on such proceedings (N.B.

  6. www.justice.gc.ca › eng › csj-sjcCharterpedia - Section 1 – Reasonable limits

    • General. Section 1 is engaged only after a finding has been made that a right or freedom has been limited. The onus of proof under section 1 is on the person seeking to justify the limit, which is generally the government (Oakes, supra).
    • "Prescribed by law" In order to be capable of justification under section 1, the limit on the right or freedom must be "prescribed by law". The limit may be
    • The Oakes test. A limit on a Charter right must be “reasonable” and “demonstrably justified.” The applicable test was originally set out in Oakes and is now well-established (see, e.g., Egan v. Canada, [1995] 2 S.C.R.
    • Pressing and substantial objective. The purpose of the law or infringing measure must be: of significant importance and consistent with the principles integral to a free and democratic society (Vriend, supra; Figueroa v. Canada (A.G.)

  7. www.mcinnescooper.com › publications › striking-aFreedom of Expression v. Professional Obligations | McInnes ...

    Sep 18, 2023 · In its August 23, 2023 decision in Peterson v. College of Psychologists of Ontario, the Ontario Superior Court of Justice canvassed the limits of a regulated professional’s individual right to free expression under Canada’s Charter of Rights and Freedoms and the parameters of a regulator’s jurisdiction to regulate their “off-duty ...

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  9. en.wikipedia.org › wiki › Freedom_of_expression_inFreedom of expression in Canada - Wikipedia

    Culture of Canada. Freedom of expression in Canada is protected as a "fundamental freedom" by section 2 of the Canadian Charter of Rights and Freedoms; however, in practice the Charter permits the government to enforce "reasonable" limits censoring speech. Hate speech, obscenity, and defamation are common categories of restricted speech in Canada.