![]() Canada (Attorney General), 2011 SCC 2 (“Canadian Broadcasting Corp.”) Montréal (City) v. The Supreme Court has adopted the following three-part test for analyzing section 2(b): 1) Does the activity in question have expressive content, thereby bringing it within section 2(b) protection? 2) Does the method or location of this expression remove that protection? and 3) If the expression is protected by section 2(b), does the government action in question infringe that protection, either in purpose or effect? ( Canadian Broadcasting Corp. The two other rationales for protecting freedom of expression - encouraging the search for truth through the open exchange of ideas, and fostering individual self-actualization, thus directly engaging individual human dignity - are also key values that animate section 2(b) analysis.Ĭanadian courts have interpreted section 2(b) very broadly, often finding a prima facie breach easily. ![]() Free expression is valued above all as being instrumental to democratic governance. The Supreme Court of Canada has maintained that the connection between freedom of expression and the political process is “perhaps the linchpin” of section 2(b) protection ( R. The protection of freedom of expression is premised upon fundamental principles and values that promote the search for and attainment of truth, participation in social and political decision-making and the opportunity for individual self-fulfillment through expression ( Irwin Toy Ltd. ![]() See also the following international, regional and comparative law instruments that are not binding on Canada but include similar provisions: article 19 of the Universal Declaration of Human Rights article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms article 13 of the American Convention on Human Rights the First Amendment of the American Constitution. Similar provisions may be found in the following Canadian laws and international instruments binding on Canada: sections 1(d) and (f) of the Canadian Bill of Rights article 19 of the International Covenant on Civil and Political Rights article 13 of the Convention on the Rights of the Child article 5(d)(viii) of the Convention on the Elimination of All Forms of Racial Discrimination article 21 of the Convention on the Rights of Persons with Disabilities article IV of the American Declaration of the Rights and Duties of Man. freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication. ![]() Everyone has the following fundamental freedoms: ![]()
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