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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.
Section 2(b) guarantees freedom of thought, belief and opinion in addition to freedom of expression. However, some have argued that freedoms of thought, belief and opinion in the Charter have had little practical consequence, and question whether governments can stifle unspoken thoughts in any case. [28]
The Charter guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982.
Section 2 of the Charter protects freedom of expression, including freedom of the press, and also freedom of religion. Section 1 of the Charter guarantees the rights and freedoms set out in the Charter, but also recognizes that the rights and freedoms are subject to reasonable limits, provided the limits are prescribed by law and "can be ...
Thomson Newspapers Co v Canada (AG), [1998] 1 S.C.R. 877, is a leading Supreme Court of Canada decision on the right to freedom of expression in which the Supreme Court struck down a law that prohibited the publication, broadcast, or dissemination of opinion surveys within the last three days of a federal election campaign, as it violated section 2(b) of the Canadian Charter of Rights and ...
limits on freedom of expression are accepted as in Canada (art. 10(2) ECHR: "subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society"); limits on freedom of peaceable assembly and free association are accepted in Canada as well (art.
Printed copies of the Canadian Charter of Rights and Freedoms. The Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. [18] The Charter guarantees political, mobility, and equality rights and fundamental freedoms such as freedom of expression, freedom of assembly and freedom of religion for private individuals and some organisations. [19]
Limits are measured in section 1. In R. v. Keegstra, also decided in 1990, the Court wrote that using sections 15 and 27 to limit the scope of freedom of expression contradicted "the large and liberal interpretation given the freedom of expression in Irwin Toy" and at any rate "s. 1 of the Charter is especially well suited to the task of ...