Section 2(b): Freedom of Expression

2. Everyone has the following fundamental freedoms:

… (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

R. v. Keegstra, [1990] 3 SCR 697

James Keegstra, a schoolteacher, was charged with the willful promotion of hatred under Section 319(2) of the Criminal Code, for allegedly anti-Semitic statements made during class. Mr. Keegstra successfully challenged the Criminal Code section in the Alberta Court of Appeal, which held that it was an infringement on freedom of expression, as protected by Section 2(b) of the Charter of Rights and Freedoms. Continue reading

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

Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 S.C.R. 927

Irwin Toy Ltd.’s challenge of a Quebec law prohibiting advertising targeted at children under thirteen years of age led the Supreme Court of Canada to an extensive analysis of the meaning of freedom of expression, and what limits on expression can be tolerated in a free and democratic society. Continue reading

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

Ford v. Quebec (Attorney General), [1988] 2 S.C.R. 265

On February 15, 1984, a group of Quebec retailers challenged provincial legislation prohibiting the use of English advertising on outdoor signs. The case made it all the way to the Supreme Court of Canada and pitted Quebec’s regional objective of preserving French culture against the fundamental freedom of expression protected by Section 2(b) of the Charter. Continue reading

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