Freedom of Expression & Its Limits

On September 10, 2020, the Supreme Court of Canada released its highly anticipated decisions in two cases addressing the interpretation and application of Ontario’s “anti-SLAPP” laws.  The two appeals — 1704604 Ontario Ltd. v. Pointes Protection Association and Bent v.

The Centre for Free Expression, along with co-intervenors Canadian Association of Journalists and CWA-Canada, welcome today's Supreme Court's unanimous judgment  in 1704604 Ontario Ltd. v. Pointes Protection Association which upholds Ontario's anti-SLAPP legislation and makes some important clarifications about how specific legislative provisions  should be interpreted and applied.

I don’t want to read one more piece that begins, “In these difficult (unprecedented, challenging, etc.)  times,” and neither do you. However, since the world changed, I have serious and long-term concerns about teaching and free expression. Now that the greater part of the K-12 experience has moved online or to other internet based instruction, and at the same time society has become less tolerant of unpopular opinions, I fear that we may be developing a generation of students who do not know how to disagree without becoming disagreeable.

On July 30, 2018, the newly elected Ford government introduced legislation reducing the size of Toronto City Council from 47 to 25 councillors. Bill 5 was enacted in haste on August 14, 2018, about two weeks later.

As we have seen in recent elections and in the present pandemic, misinformation can do real harm.  But the Canadian government’s plan to consider legislation to criminalize the spreading of misinformation is the wrong response. Criminalization will not stop misinformation. In fact, it often draws more attention to it, as well as undermines civil liberties and human rights essential in a democratic society.