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A law may not confer unfettered discretion for the restriction of freedom of expression on those charged with its execution. Laws must provide sufficient guidance to those charged with their execution to enable. BRIEFING NOTE 2: RESTRICTIONS ON FREEDOM OF EXPRESSION. them to ascertain what sorts of expression are properly restricted and what ...
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- Section 1 Considerations Particular to This Section
2. Everyone has the following fundamental freedoms: 1. freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.
Similar provisions may be found in the following Canadian laws and international instruments binding on Canada: sections 1(d) and (f) of the Canadian Bill of Rights; article 19 of the International Covenant on Civil and Political Rights; article 13 of the Convention on the Rights of the Child; article 5(d)(viii) of the Convention on the Elimination...
The protection of freedom of expression is premised upon fundamental principles and values that promote the search for and attainment of truth, participation in social and political decision-making and the opportunity for individual self-fulfillment through expression (Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 S.C.R. 927 at page 976; Fo...
Canadian courts have interpreted section 2(b) very broadly, often finding a prima faciebreach easily. The Supreme Court has adopted the following three-part test for analyzing section 2(b): 1) Does the activity in question have expressive content, thereby bringing it within section 2(b) protection?; 2) Does the method or location of this expression...
1. Section 2(b) – A requirement for positive government action?
Freedom of expression generally imposes on government a negative obligation not to interfere with expression, that is to say it is freedom from government legislation or action suppressing an expressive activity in which people would otherwise be free to engage (Haig v. Canada, [1993] 2 S.C.R. 995 at page 1035; Baier v. Alberta, [2007] 2 S.C.R. 673 at paragraph 20; Toronto (City) v. Ontario (Attorney General), 2021 SCC 34 at paragraph 16). “The traditional view, in colloquial terms, is that t...
2. Does section 2(b) protect a broader right of access to information?
Section 2(b) guarantees freedom of expression, not access to information, and therefore does not guarantee access to all documents in government hands. Access to documents in government hands is constitutionally protected only where, without the desired access, meaningful public discussion and criticism on matters of public interest would be substantially impeded (Ontario (Public Safety and Security) v. Criminal Lawyers’ Association (2010), 319 D.L.R. (4th) 385; 2010 SCC 23). Where a claimant...
3. The open court principle
Section 2(b) protects the “open court principle”, a strong presumption in favour of open courts that allows the public and the press to attend hearings, to consult court files, and to inquire into and comment on the workings of the courts (Sherman Estate v. Donovan, 2021 SCC 25). The open court principle is embedded in the common law tradition and is protected by section 2(b) because it promotes the full and fair discussion of public institutions, which is vital to any democracy (Sherman Esta...
The broad scope of section 2(b) means that in most cases the constitutionality of the legislation or the government action will depend on the section 1 analysis. Generally speaking, because of the importance of the right to free expression, “any attempt to restrict the right must be subjected to the most careful scrutiny” (Sharpe, supra at paragrap...
Nov 11, 2023 · Freedom of expression, protest rights and academic freedom, physical security, equality, justice, and democracy are all critical and must all be protected. Supporting expressive freedom should not imply support for – or criticism of – the underlying cause or opinion being expressed. The Supreme Court of Canada has stated: “the very ...
- CCLA
Importantly, while freedom of expression may be restricted, the right to hold opinions is absolute; the State may never legitimately limit this right. BRIEFING NOTE 1: FREEDOM OF EXPRESSION AS A HUMAN RIGHT. The right to freedom of expression is broad and multifaceted in scope. First, as a human right, and as is clear from Article 19, freedom ...
Nov 1, 2020 · The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions ...
- Gehan Gunatilleke, Gehan Gunatilleke
- ggunatilleke@law.harvard.edu
- 2021
This includes the freedom to seek, receive and impart information and ideas of all kinds, whether orally, in writing or in print, or through any other media of choice. Certain restrictions are only permissible when in line with international human rights law. On this page. Canada’s support for freedom of expression; Media freedom
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Apr 15, 2020 · The constitutional right to expression is a “fundamental freedom” guaranteed by section 2(b) of the Canadian Charter of Rights and Freedoms. Free speech is also protected in the Canadian Bill of Rights and in various international instruments. For centuries, law makers, artists, journalists and other advocates have passionately debated what, if any, restrictions should be imposed by the ...
