Home » Constitutional Law » Charter of Rights & Freedoms » Category: 'Freedom of Expression'

Freedom of Expression

The Ghosts of Bedford’s Past: CASWLR & the Illegality of Sex Work in Canada (Part I)

In Canadian Alliance for Sex Work Law Reform v Attorney General, 2023 ONSC 5197 (“CASWLR”), Goldstein J of the Ontario Superior Court of Justice (“OSCJ”) dismissed a Charter application challenging the constitutional validity of various sex work laws arising out of Bill C-36, also known as the Protection of Communities and Exploited Persons Act (the […]

Hansman v Neufeld: Speech Promoting Equality is More Equal

The Supreme Court of Canada (“the Court”) has recognized that expression promoting equality by countering harmful speech is worthy of heightened protection because of its relation to Canadian Charter of Rights and Freedoms [Charter] s. 15(1) values, which bring it closer to the core values animating s. 2(b). 

A Duty to Tolerate? SCC on Free Expression in Ward v Quebec

No person has the right not to be offended. Every person, however, has the right to the safeguard of their dignity—at least in Quebec. How this right balances against another’s right to free expression was at issue in Ward v. Quebec (Commission des droits de la personne et des droits de la jeunesse), 2021 SCC […]

SCC Narrowly Rules Mid-Election Changes to Toronto City Council were Charter-Compliant

Three months into the 2018 Toronto City Council election, a newly elected provincial government passed the Better Local Government Act, 2018, SO 2018, c 11 [Act], slashing the number of municipal wards from 47 to 25. “For the remaining campaign period,” writes Justice Abella, dissenting in Toronto (City) v Ontario (Attorney General), 2021 SCC 34 […]

Sherman Estates v Donovan : Privacy Interests and the Presumption of Open Courts

In 2017, the bodies of billionaires Bernard Sherman and Honey Sherman were discovered in their home in Toronto, Ontario. Not only was the couple highly acclaimed for their philanthropism, but Barry was known for his pharmaceutical pursuits as the founder and CEO of Canadian generic drug company Apotex. Police deemed the deaths of Barry and […]

Publication bans should be put to the test in CBC v the Queen

Canadian Broadcasting Corporation v Her Majesty the Queen, et al. 38992 [CBC v the Queen] considers whether evidence not admitted as part of the record prima facie can be subject to a publication ban.This challenge resulted from the Manitoba Court of Appeal’s (“MBCA”) decision to implement a publication ban over a set of fresh evidence that […]

Strom v SRNA: Nurse's Personal Social Media Posts Do Not Constitute Professional Misconduct

The COVID-19 pandemic has shocked the country in its revelation of the systemic frailties plaguing Canada’s long-term care (“LTC”) system. Individuals over the age of 70 have made up almost 90% of the country’s deaths from COVID-19, and in the first wave of the pandemic, deaths in Canadian LTC facilities accounted for 80% of the […]