Freedom of Expression & Its Limits

Late in 2021, the Supreme Court of Canada rendered two of its most consequential Charter decisions on freedom of expression in recent years: City of Toronto v. Ontario and Ward v. Quebec. That endpoint in 2021 is the starting point of a 5-part series on s.2(b) of the Charter and its passage from 1982 to the present. The series begins with City of Toronto and Ward, two decisions dividing the Court 5-4 and pointing in opposite directions that raise perplexing questions about expressive freedom – and the Court itself. Of particular concern is the bloc mentality of these decisions and how it undermined principled decision making on important s.2(b) issues.

Teaching is a very difficult job. It always has been and always will be. How can you care for learners who have so many varied needs and abilities and also keep everyone in the classroom safe and healthy? Well, you can’t do it alone. But now? In the midst of a pandemic when we are all concerned about our own health as well as the health of the vulnerable people in our families and communities, teachers are on their own.

It is essential that the UN General Assembly Ad Hoc Committee responsible for drafting a potential United Nations Cybercrime Treaty ensure human rights protections are embedded in the final version.  

CFE Intervener Factum - Supreme Court of Canada – Public Interest Standing

CFE et al. Intervener Factum - Supreme Court of Canada - Democratic Rights

Sometimes, you just have to wonder what is happening in Canada’s schools. As it turns out, October was quite the month for people who think about freedom of expression in education. Actually, it seems to have been a prize month for some people who don’t spend much time thinking at all.