Speech Restrictive Laws
The Issue
Despite the Canadian Charter of Rights and Freedoms recognizing freedom of expression as a “fundamental freedom”, it faces serious challenges. Among troubling restrictions are the creation of the new offense of encouraging the "commission of terrorism offences in general"; continuing use of criminal defamation against critics of public officials; broadening the definition of hate speech; failure to curtail abuse of civil defamation; and unwillingness to remove archaic laws such as the Criminal Code offences of defamatory libel and seditious libel.
Why It Matters
Freedom of expression is the foundation of a democratic society and is essential to virtually all other freedoms. Only through the opportunity to hear different perspectives can we formulate our own views to share with others. When governments inappropriately limit what can be expressed and when courts restrict unpopular or controversial viewpoints, the public’s right to hear and form their own conclusions is lost, and democracy imperilled.
Our Work
The CFE defends free expression rights. We promote public discussion of what are justifiable limits on free expression. We press for the repeal of antiquated and inappropriate speech restrictive laws, such as blasphemy and criminal defamation, as well as for the repeal of anti-terrorism laws that undermine basic freedoms and democratic rights. We advocate for the introduction of anti-SLAPP legislation that effectively prevents the use of civil defamation to intimidate and silence critics. We monitor and, where appropriate, seek to intervene in court cases that will shape free expression rights in Canada.
Resources
Countering Islamophobia in Canada: After 20 Years of the "War on Terror"
Azeezah Kanji - In Conversation with Tim McSorley
Supreme Court Grants CFE Leave to Intervene in Public Interest Standing Case
The Supreme Court of Canada has granted the Centre for Free Expression leave to intervene in its consideration of an important upcoming
August 17, 2021
The “Consultation” Racket: A Report on the National Islamophobia Summit
In the aftermath of the latest mass killing of Muslims in Canada, Muslim communities were subjected to yet another specious “anti-Islamophobia” consultation by the federal government; this one cond
Can Tougher Hate Speech Laws Stem the Tide of Hate: Examining Bill C-36
Panelists: Faisal Bhabha, Ena Chadha, Richard Moon
Moderator: Cara Zwibel
BPC Bulletin: British Columbia News Roundup
July 18, 2021 - The news reports in this bulletin focus on speech conflicts that have happened recently in British Columbia.