Is freedom of expression a fundamental right of expression in a democratic society?
British Columbia, Canada
The following excerpt is from Reference re Election Act (BC), 2012 BCCA 394 (CanLII):
Freedom of expression, as guaranteed by s. 2(b) of the Charter, certainly lies at the very foundation of a democracy. In Edmonton Journal v. Alberta (Attorney General), 1989 CanLII 20 (SCC), [1989] 2 S.C.R. 1326 at 1336, 64 D.L.R. (4th) 577, Mr. Justice Cory said: 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 over-emphasized.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
How have directors of a non-profit society been elected in accordance with the voting rights of the society's members? (British Columbia, Canada)
Does extradition to the United States infringe mobility rights pursuant to s. 6 of the Charter of Rights and Freedoms? (British Columbia, Canada)
Does the Adjudicator's failure to consider video evidence deprive the petitioner of his right to make full answer and defence as guaranteed by s. 7 of the Charter of Rights and Freedoms? (British Columbia, Canada)
Is freedom of expression a constitutional right? (British Columbia, Canada)
What is the effect of section 13(1) of the Human Rights Code on freedom of expression? (British Columbia, Canada)
What is the test for determining whether the Human Rights Tribunal of BC has jurisdiction to hear a human rights complaint against the respondent? (British Columbia, Canada)
What is the test for obtaining a search warrant under section 487(1) of the Criminal Code and s. 8 of the Charter of Rights and Freedoms? (British Columbia, Canada)
Does the Law Society of Upper Canada require an applicant with a lengthy criminal record to be admitted to the law society? (British Columbia, Canada)
What are the respective rights of the parties when an easement holder asserts a right to fence lands owned by a servient property? (British Columbia, Canada)
