Charter
Freedom of Expression — From Ford to Keegstra
Section 2(b) protects expression conveying meaning, with violent-form exception.
Section 2(b) protects all expression that conveys or attempts to convey meaning, with violent forms excluded. Ford v Quebec (1988) confirmed protection of commercial expression. Keegstra (1990) addressed hate speech, holding the criminal prohibition justified under s.1 despite engaging s.2(b).
The Canadian approach is more permissive of expression regulation than US First-Amendment doctrine — see Hill v Church of Scientology (1995) declining to import the Sullivan actual-malice rule.
Key principles
- All meaning-conveying expressionSubject only to violent-form exception.
- Commercial expression protectedFord v Quebec.
- Hate speech can be prohibitedKeegstra upholds s.319(2) under s.1 despite engaging s.2(b).
- No transplant of SullivanHill v Scientology rejects US actual-malice rule.