What is the test for freedom of expression in the context of an election campaign?
Ontario, Canada
The following excerpt is from Toronto (City) v. Ontario (Attorney General), 2019 ONCA 732 (CanLII):
The claimants are not required at this stage to establish that there has been a limitation on their freedom of expression, but simply that the activity for which they claim the protection of the freedom is a form of expression. Electoral campaigning – presenting prospective voters with messages intended to convince them to vote for the candidate – is undeniably expression for the purposes of s. 2(b): Harper v. Canada (Attorney General), 2004 SCC 33, [2004] 1 S.C.R. 827. The claimants satisfy the first stage of the test.
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