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Day in and out, the news attests that freedom of expression is as precarious as ever, in Canada and around the world – imploring us at all times to remain vigilant and not take freedom for granted. Except when commissioned to play a part in this narrative, the Supreme Court of Canada is a bystander to most free speech controversies that bubble up in public discourse.
- Guarantee of Rights and Freedoms – Section 1
- Fundamental Freedoms – Section 2
- Democratic Rights – Sections 3 to 5
- Mobility Rights – Section 6
- Legal Rights – Sections 7 to 14
- Equality Rights – Section 15
- Official Languages of Canada – Sections 16 to 22
- Minority Language Educational Rights – Section 23
- Enforcement – Section 24
- General – Sections 25 to 31
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. The Charter protects those basic rights and freedoms of all Canadians that are considered essential to preserving Canada as a free and...
2. Everyone has the following fundamental freedoms: 1. freedom of conscience and religion; 2. freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; 3. freedom of peaceful assembly; and 4. freedom of association. Under section 2of the Charter, Canadians are free to follow the religion of...
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
1. (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right: 1. to move to and take up residence in any province; and 2. to pursue the gaining of a livelihood in any province.
Limitation
1. (3) The rights specified in subsection (2) are subject to: 1. any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and 2. any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Affirmative action programs
1. (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Section 15 of the Charter makes it clear that every individual in Canada – regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability – is to b...
Language of instruction
23. (1) Citizens of Canada: 1. whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside; or 2. who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province, have the right to have their children receive primary...
Continuity of language instruction
1. (2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.
Application where numbers warrant
1. (3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province: 1. applies whenever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and 2. includes, where the number of those children so warrants, the right...
Enforcement of guaranteed rights and freedoms
24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Exclusion of evidence bringing administration of justice into disrepute
1. (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute. Section 24 discusses the involvement of the court if an individual’s Charter rights have been denied. Anyone who belie...
- 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.
- 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.
- 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).
- 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.
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.
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
Feb 15, 2023 · February 15, 2023. In this Short Reflection, the Justice Centre considers institutional, legal, and social pressures on the enjoyment of freedom of expression in Canada. On Canadian campuses, powerful actors appear to be silencing “controversial” perspectives and creating conditions that undermine the possibility of genuine inquiry.
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Jun 29, 2018 · In Canada, various laws at the federal, provincial and territorial levels impose restrictions on the freedom of expression guaranteed by section 2 (b) of the Canadian Charter of Rights and Freedoms. 8 For instance, under the Criminal Code, 9 such actions as defamatory libel, counselling suicide, perjury and fraud are prohibited.
