Blog
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Sep 20
2018
It’s Back to Compelled Speech Time Again
Whose speech is compelled more than anyone’s in the country? Why teachers and students in K-12 schools, of course. From the singing of the National Anthem each morning, to the recitation of historical dates and multiplication tables, to astronomical theories, to dress codes, to the pep rallies, to the macaroni covered mothers’ day cards, to the schedule of mandatory holidays, each school student and teacher is compelled to express herself in the correct fashion at the correct time.
By Danielle S. McLaughlin / Posted Thursday September 20, 2018
Sep 14
2018
“Notwithstanding” liberal outrage: a critical race perspective
I’ve been trying to figure out how I feel about Doug Ford’s use of the Notwithstanding clause, and in particular the anxious liberal handwringing about it. Yes, his actions are certainly threatening to a liberal democratic conception of the rule of law.
By Anver M. Emon / Posted Friday September 14, 2018
Sep 5
2018
No thank you, Premier Ford
Ontario Premier Doug Ford has carried through with his promise to require universities to develop, implement, and comply with free speech policies that meet his government’s minimum standard in the next 120 days or face the possibility of a reduction in their operating grant funding.
By James L Turk / Posted Wednesday September 5, 2018
Aug 30
2018
We do have nice tits; Thank you for noticing! (Or, An Intersectional Pleasure-Positive Defence of Catcalling)
Co-authored by Maggie FitzGerald.
Unpopular opinion: We love to be catcalled.
It can be friendly or flirtatious. Affirming or exciting. For some, afleeting moment of eroticism.
By Ummni Khan / Posted Thursday August 30, 2018
Aug 1
2018
Human Rights and Compelled Speech
The broad-shouldered man sitting in a front-row chair leaned over and looked fiercely at me. “I’m a mean guy.” He looked as though he could snap logs in half with his bare hands.
When I unexpectedly laughed, his features softened. He said he was also a “helper,” attending what was advertised recently as a “compelled speech” panel, in case security needed support dealing with protesters. He pointed to the security men, who were wearing suits but standing alertly, at each corner of the large auditorium packed with more than 700 people.
By Anne McNeilly / Posted Wednesday August 1, 2018
Jul 24
2018
Developing a Whistleblowing Culture in Canada
Being a whistleblower in Canada is tough. The Canadian legal framework with respect to whistleblowing is a hodgepodge of different laws and regulations, none of which historically have been very effective. The frameworks differ with respect to whether the whistleblower is in the federal or provincial jurisdiction, in the public or private sector or depending on the type of information being disclosed.
By Abbas Kassam / Posted Tuesday July 24, 2018
Jul 5
2018
More on Compelled Speech: Compulsory Union Dues
According to the US Supreme Court in the recent case of Janus v. American Federation of State Employees, an individual’s free speech is restricted when she is required to pay dues (or ‘agency fees’) to a union, even when the union is using those dues to support collective bargaining. Alito J.
By Richard Moon / Posted Thursday July 5, 2018
Jun 27
2018
State Compelled Expression: Two recent cases
Claims that the state has improperly or unjustifiably compelled individuals to speak, contrary to s. 2(b) of the Charter (freedom of expression), have recently been made in two cases.
By Richard Moon / Posted Wednesday June 27, 2018
Jun 15
2018
If I Support a Cause, Must I Fight for It on Social Media?
The last time I actually marched in a protest was a Toronto Day of Action organized in resistance to Ontario’s “Common Sense Revolution” back in the 90s. I still have Super 8 film footage of that day, showing happy, angry, determined, crowds at the march’s gathering point near the lake. I recall huge puppet masks depicting government figures of the day. I remember a sign saying “Mike Harris Eats British Beef” – it was the days of the Mad Cow scare, you know.
By John Degen / Posted Friday June 15, 2018
May 31
2018
Cultural Appropriation, Freedom of Expression or What to Wear to Prom
Recently, a young woman in the US found a beautiful red cheongsam or qipao in a vintage clothing store. She bought it and wore it to her high school prom -- and then things got out of hand. She was accused of cultural appropriation by some people and lauded for cultural appreciation by others. As if getting that perfect prom dress weren’t difficult enough!
By Danielle S. McLaughlin / Posted Thursday May 31, 2018