Freedom of Expression

Freedom of Expression

Every Canadian citizen has the right to thought, belief, opinion and expression, including freedom of the press and other media of communication provided under s.2 (b) of the Canadian Charter of Rights and Freedoms. However, the statement that the s.2 Charter right to free expression does not protect individuals when expressing an opinion or opinions, however sincerely held, which are (a) clearly untrue according to an overwhelming preponderance of an expert opinion; (b) likely to cause grave and unprovoked offense to other citizens; (c) of no significant benefit to the public interest, is too broad. I intend to provide reasons as to why I would not support such a thesis, as this thesis is too broad and gives rise to a lot of arguments against its validity.
Using the balancing provision under s.1 of the Charter the courts have limited s. 2 rights in the past for instances of harmful speech or speech that is patently untrue. “The courts have to find ...