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Freedom of expression in Canada is protected as a "fundamental freedom" by section 2 of the Canadian Charter of Rights and Freedoms; however, in practice the Charter permits the government to enforce "reasonable" limits censoring speech. Hate speech, obscenity, and defamation are common categories of restricted speech in Canada.
This preamble states Canada's constitution would be based upon Britain's, and Britain had limited free speech in 1867. Furthermore, free speech is considered to be necessary for a parliamentary government to function. [16] Free speech was later included in the Canadian Bill of Rights.
The law was struck down by the Supreme Court of Canada as an attempt to legislate criminal law ultra vires of the provincial legislature in the 1957 Switzman v Elbling decision. In 1949, spearheaded by the campaigning of MP Davie Fulton , crime comics were banned in Canada in Bill 10 of the 21st Canadian Parliament 's 1st session (informally ...
Located in Saskatoon in the Canadian province of Saskatchewan, the College of Law was established in 1912 and is the oldest law school in Western Canada, a distinction it shares with the University of Alberta. Approximately 126 students are admitted to the College of Law each year. [2] In the fall term of 2011/2012, the college had 375 students.
In 1990, a 4-3 decision of the Supreme Court of Canada upheld the constitutionality of section 13(1). The majority found that the section did infringe freedom of expression under section 2 of the Canadian Charter of Rights and Freedoms, but that the prohibition on hate speech was a justifiable limitation under section 1 of the Charter. [11]
In Ford v Quebec (AG) (1988), it was found that Quebec laws requiring the exclusive use of French on signs limited free speech. While the law had a sufficient objective of protecting the French language, it was nevertheless unconstitutional because the legislature could have accepted a more benign alternative such as signs including smaller ...
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R v Zundel [1992] 2 S.C.R. 731 is a Supreme Court of Canada decision where the Court struck down the provision in the Criminal Code that prohibited publication of false news on the basis that it violated the freedom of expression provision under section 2(b) of the Canadian Charter of Rights and Freedoms.