What is the test for freedom of expression under s. 2(b) of the Charter of Canada?

Manitoba, Canada


The following excerpt is from In Re: Brian Lloyd Sinclair Inquest, 2010 MBPC 18 (CanLII):

Freedom of expression guaranteed by s. 2(b) of the Charter does not guarantee any particular means of expression. In other words, although there should be no interference with freedom of expression, there is certainly no obligation on the court to assist in a particular type of expression. In the decision of Haig v. Canada, 1993 CanLII 58 (SCC), [1993] 2 S.C.R. 995, Madam Justice L’Heureux‑Dube illustrated the proposition succinctly, by stating that freedom of expression “prohibits gags, but does not compel the distribution of megaphones”.

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