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
Have we Lost the Plot with Polanski?
Roman Polanksi’s back in the news again, this time because of the 12 César Academy nominations he received for his latest film,
By Ummni Khan
BPC Bulletin: Ontario Judge Rules Against Anonymous Defendants in Online Defamation Dispute
February 5, 2020 - In an Ontario courtroom, a judge recently ruled against several anonymous defendants who had posted defamatory messages on the Internet.
Can social media hate, lies, and harassment be regulated? How?
The wonderful potential of social media has a dangerous and damaging dark side directed disproportionately to women and marginalized people. Solutions seem elusive given social media’s anonymity, the permanence of its record, and the capacity of cyberabuse to go viral.
Political boycotts are protected expression in Canada
Dr. David Kattenburg is a wine lover and activist.
By Abbas Kassam
Can social media hate, lies, and harassment be regulated? How?
Panelists: Carissima Mathen, Ravi Vatrapu
Moderator: James L. Turk