Is freedom of expression a constitutional right?
British Columbia, Canada
The following excerpt is from R. v. Pilarinos, 2001 BCSC 1332 (CanLII):
There is no doubt that freedom of expression is an important constitutional right. In Edmonton Journal v. Alberta (Attorney General) (1989), 1989 CanLII 20 (SCC), 64 D.L.R. (4th) 577 (S.C.C.), at 607, Cory J. said this: It is difficult to imagine a guaranteed right more important to a democratic society than freedom of expression. Indeed a democracy cannot exist without that freedom to express new ideas and to put forward opinions about the functioning of public institutions. The concept of free and uninhibited speech permeates all truly democratic societies and institutions. The vital importance of the concept cannot be overemphasized…It seems that the rights enshrined in s. 2(b) should therefore only be restricted in the clearest of circumstances.
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