This book explains our right to freedom of expression, its limits, and
how Canadian courts draw the line.
Freedom of expression is a fundamental right protected by the Charter of
Rights and Freedoms, which is part of the Constitution of Canada and, as
such, the highest law of the land. But it has limits. Peacefully
picketing an abortion clinic, so long as patients can come and go, is a
protected right, but shouting "Fire!" in a crowded theatre to cause a
stampede is a criminal offence.
Tied in with issues of free speech are questions such as whether justice
delayed is justice denied. If it takes years to bring a matter to court
-- and especially to the Supreme Court of Canada -- how can it be said
that there has been a fair consideration of the issues to be decided? As
well, must all important constitutional questions, such as freedom of
expression, be decided by the courts? Or, is there another way to
resolve such issues?
How courts reach decisions in such cases is discussed in Freedom of
Expression, an objective introduction for all readers to better
understand how law and professional ethics impact those of us who would
speak publicly as to issues of concern.