What is the current state of the common law on freedom of expression?

Ontario, Canada


The following excerpt is from Foulidis v. Baker, 2012 ONSC 7295 (CanLII):

It has been recognized for many years in Canada that freedom of expression is the “very life blood of our freedom and free institutions”. See Price v. Chicoutimi Pulp Company 1915 CanLII 66 (SCC), [1915] 51 S.C.R. 179 at p. 194. While, this case is not governed directly by the Canadian Charter of Rights and Freedoms, the evolution of the common law should be informed and guided by Charter values. The Charter, section 2(b) states: Everyone has the following fundamental freedoms: … (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; … In R. v. Keegstra 1990 CanLII 24 (SCC), [1990] 3 S.C.R. 697, Dickson C.J. spoke about s. 2(b) in the context of the political process as follows at pp. 763-4: “The connection between freedom of expression and the political process is perhaps the lynchpin of the s. 2(b) guarantee, and the nature of this connection is largely derived from the Canadian commitment to democracy. Freedom of expression is a crucial aspect of the democratic commitment, not merely because it permits the best policies to be chosen from among a wide array of proffered options, but additionally because it helps to ensure that participation in the political process is open to all persons.

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