Library of Parliament Summary of Key Freedom of Expression Jurisprudence in Canada

The Library of Parliament has published a HillNotes post about Freedom of Expression: Recent Jurisprudence:

"Canadian courts must at times determine whether a person’s particular expression has violated Canadian law or whether laws and government actions have violated the right to free expression guaranteed by the Canadian Charter of Rights and Freedoms."

"The selected recent court decisions summarized in this document highlight the challenges that can arise when drawing limits around acceptable or appropriate expression. They address certain questions: When does a joke go too far and interfere with another person’s right to protect their dignity? When is hateful speech harmful to others rather than simply offensive? When can laws restrict creative or commercial expression involving products that raise health concerns? Should public spaces be available for the expression of all views?"

"While the Charter guarantees the right to free expression as one of Canada’s constitutionally protected fundamental freedoms, it also allows governments to impose limitations on it. Courts may be called upon to determine if, as required by the Charter, these limitations are proven to be reasonable and justifiable in a free and democratic society."

HillNotes offer analysis of current events and emerging issues of significant interest to Canadian Parliament.