When regulating the Internet, Canada struggles with it being borderless and how to uphold freedom of expression. In the past months, we have seen increased concern about hate speech and racial discrimination on social media in Canada and around the world. There are renewed calls for increased … [Read more...]
When Can the Right to Freedom of Expression be Curtailed?
Section 2 of the Canadian Charter of Rights and Freedoms protects our freedom of expression, but this freedom is not absolute. The right to express our opinions is a crucial element of a democracy. Freedom of expression is a basic characteristic of personal development. It gives us the right to … [Read more...]
Bench Press 39-2: Reining on the Parade
The Calgary Stampede Authority and the Street Church Evangelism Ministries International Foundation (Street Church) have been clashing for years over the Church’s participation in the Calgary Stampede parade. Things came to a head in 2012. The City of Calgary passed an amendment to its Traffic Bylaw … [Read more...]
The Crime of Counseling Criminal Offences
… some may argue that the publication of Shakespeare’s Henry VI, with its famous phrase “let’s kill all the lawyers”, should be subject to state scrutiny! - R. v. Hamilton, 2005 SCC 47 Introduction A few years ago, a University of Calgary professor suggested on national television that someone … [Read more...]
The Whatcott Case: Balancing Free Speech and Social Harmony
Introduction: a Clash of Rights The freedoms of conscience, religion, thought, belief, opinion and expression comprise some of our “fundamental freedoms” listed in section 2 of the Charter of Rights and Freedoms. They assure the free exchange of ideas, the practice of one’s faith, the development … [Read more...]
Bench Press 38-3: Supreme Court Finds PIPA Invalid
In a startling decision, the Supreme Court of Canada has found Alberta’s Personal Information Privacy Act to be unconstitutional and therefore invalid. The case involved persons who were photographed crossing a picket line. A nearby sign warned that the striking union might post the pictures on a … [Read more...]
Human Rights and Québec’s Charter of Values
On Thursday, November 7, 2013, the Québec government tabled its Charter of Values, Bill 60. The Bill provides that public body personnel must maintain religious neutrality in the exercise of their functions. It also restricts personnel from wearing objects “such as headgear, clothing, jewelry or … [Read more...]
Bench Press 38-2: Elderly Martyr
Audrey Tobias is an 89-year-old peace activist who refused to fill out the 2011 Census because the results would be processed using software from U.S. military contractor Lockheed Martin. She was charged under the Statistics Act. She argued that forcing her to fill in the census would violate her … [Read more...]
Teachers Talk: LawNow – Jim Keegstra
LawNow magazine is an incredible resource for teachers. Each issue offers engaging articles about law in language suitable for students. Teachers Talk LawNow is a series of lesson plans for teachers based on these articles. "R. v. Keegstra was such a landmark freedom of expression … [Read more...]
Universities, the Charter and Freedom of Expression
The law has always been quite complex about whether (or when) the Charter of Rights and Freedoms (Charter) applies to universities. Recently, there have been several cases involving freedom of expression (Charter s. 2(b)) that have addressed this issue. Charter s. 32(1) says: 32. (1) This Charter … [Read more...]