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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.
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]
Infringements are upheld if the government's objective in infringing the right is "pressing and substantial" in a "free and democratic society", and if the infringement can be "demonstrably justified". [3] The Supreme Court of Canada has applied the Oakes test to uphold laws against hate speech (e.g., in R v Keegstra) and obscenity (e.g., in R ...
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Under apartheid, freedom of speech was curtailed under apartheid legislation such as the Native Administration Act 1927 and the Suppression of Communism Act, 1950. [3] In light of South Africa's racial and discriminatory history, particularly the Apartheid era, the Constitution of the Republic of South Africa of 1996 precludes expression that is tantamount to the advocacy of hatred based on ...
A group of several dozen professors from the 7,000-member American Political Science Association contend that recent free speech precedents in Canada put academics at risk of prosecution. The group includes Robert George and Harvey Mansfield , and they have protested holding the scheduled 2009 APSA annual meeting in Canada for this reason. [ 145 ]
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.