Does a common law right to freedom of expression apply to section 2 of the Fraser Code?
Canada (Federal), Canada
The following excerpt is from Read v. Canada (Attorney General), 2005 FC 798 (CanLII):
Tremblay-Lamer J. held in Haydon v. Canada, 2000 CanLII 16081 (FC), [2001] 2 F.C. 82, that the common law unwritten right of freedom of expression found its way into section 2 and that the limits thereon enunciated in Fraser were reasonable limits within the meaning of section 1, albeit prescribed by common law, rather than by statute.
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