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

Submissions
BPC Bulletins

BPC Bulletin: Free Speech and Canadian Reticence

March 5, 2021 - Canada is the fifth-best democracy in the world,1 but only a fifth of all Canadians are comfortable expressing their political opinions in public.2 Why?

Podcast

Transforming "Call Out" Culture

Loretta Ross  - In Conversation with Asam Ahmad​

Podcast

Protecting Privacy in the Digital Age

Panelists: David Hutton, Mariette Pilon, Teresa Scassa

Moderator: Brenda McPhail

Past Event

Ag-Gag Laws & the Public’s Right to Know

Panelists: Robert Cribb, Jodi Lazare, Richard Moon

Moderator: Cara Zwibel