What constitutes expression? Does it have to be speech, or can it include actions such as picketing? What restrictions on expression are justified? In our second podcast on fundamental freedoms, we will consider the importance given to free expression in our constitution (sec 2(b)). In keeping with a pre-Charter view that expression is necessary for a healthy democracy (see episode 22), the supreme court has traditionally given expression a very broad interpretation. In the next podcast, we will consider how the primacy placed on the value of expression changes in cases of hate speech.

R v Keegstra (1990)

Retail, Wholesale and Department Store Union, Local 580 v Dolphin Delivery Ltd (1986, SC)

BCGEU v British Columbia (AG 1988)

UFCW local 1518 v Kmart Canada ltd

RWDSU local 558 v Pepsi-Cola Canada Beverages (west) ltd (2002)

Ford v Qc (1988)

Irwin Toy Ltd v Quebec (AG) (1989)

R Moon, “The Constitutional Protection of Freedom of Expression,” 2000

 
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