Section 2: Fundamental Freedoms

Section 2 of the Charter of Rights and Freedoms:

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;
(c) freedom of peaceful assembly; and
(d) freedom of association.

R. v. Canadian Broadcasting Corp., 2018 SCC 5

The Crown sought an injunction against the Canadian Broadcasting Corporation, demanding the deletion of an online article referring to an underage murder victim whose identity was subsequently subject to a court-ordered publication ban. Continue reading

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Filed under Section 2: Fundamental Freedoms, Section 2(b): Freedom of Expression

B.C. Freedom of Information and Privacy Association v. British Columbia (Attorney General), [2017] 1 SCR 93

British Columbia’s Freedom of Information and Privacy Association challenged section 239 of the provincial Election Act, which requires the “registration” of election “sponsors”; arguing that this requirement infringes the Charter right to freedom of expression. Continue reading

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Filed under Section 2: Fundamental Freedoms, Section 2(b): Freedom of Expression

Trinity Western University v. Nova Scotia Barristers’ Society, 2015 NSSC 25

In TWU v. NSBS, Nova Scotia’s Supreme Court delivered a resounding vindication for freedom of religion last month, overturning a Nova Scotia Barristers’ Society regulation which would have prohibited Trinity Western University graduates from practicing law in that province. Continue reading

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Filed under Section 2: Fundamental Freedoms, Section 2(a): Freedom of Religion

Canada (Attorney General) v. Bedford, 2013 SCC 72

The Respondents, a group of prostitutes and former prostitutes, argued that a number of Criminal Code provisions prohibiting expression and commercial activities relating to prostitution were in breach of Sections 7 and 2(b) of the Charter of Rights and Freedoms: Continue reading

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Filed under Section 2(b): Freedom of Expression, Section 7: Life, Liberty, & Security of the Person

Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62

The Respondent, a labour union representing employees at an Edmonton casino during the course of a lawful strike, had run afoul of Alberta’s Personal Information Protection Act by videotaping individuals crossing the picket line during the strike, and using the images collected in union newsletters, strike leaflets, and a website called CasinoScabs.ca. Continue reading

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Filed under Section 2(b): Freedom of Expression

Saskatchewan (Human Rights Commission) v. Whatcott, 2013 SCC 11

The Whatcott case was brought to the Supreme Court of Canada on appeal from the Saskatchewan Court of Appeal, which had found that a number of pamphlets critical of homosexual behaviour did not meet the test for “hate speech” under Saskatchewan’s Human Rights Code. Continue reading

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Filed under Section 2: Fundamental Freedoms, Section 2(a): Freedom of Religion, Section 2(b): Freedom of Expression

R. v. N.S., 2012 SCC 72

Two accused persons stood charged with sexually assaulting N.S. When called to testify, N.S. stated that she wished to wear a niqab which covered her face, and which she insisted was a necessary part of her Muslim faith. Continue reading

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Filed under Section 11(d): Presumption of Innocence, Section 2: Fundamental Freedoms, Section 2(a): Freedom of Religion, Section 7: Life, Liberty, & Security of the Person

R. v. Khawaja, 2012 SCC 69

In R. v. Khawaja, a companion case heard alongside Sriskandarajah v. United States of America, the Supreme Court of Canada considered the constitutional argument of convicted terrorist conspirator, Mohammad Momin Khawaja. Continue reading

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Filed under Section 2: Fundamental Freedoms, Section 2(b): Freedom of Expression, Section 2(d): Freedom of Association

Association of Justice Counsel v. Canada (Attorney General), 2012 ONCA 530

This appeal stemmed from a labour dispute between Canada’s Department of Justice and its lawyers (the Association of Justice Counsel), who argued that the federal government’s Expenditure Restraint Act prevented them from exercised their right to collective bargaining, thereby infringing their right to freedom of association under Section 2(d) of the Charter of Rights and Freedoms. Continue reading

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Filed under Section 2(d): Freedom of Association

Pridgen v. University of Calgary, 2012 ABCA 139

In the Pridgen case, the Alberta Court of Appeal upheld a Court of Queen’s Bench ruling, which held that the right to freedom of expression under Section 2(b) of the Charter applies to students on university campuses. Continue reading

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Filed under Section 2: Fundamental Freedoms, Section 2(b): Freedom of Expression