FREEDOM OF EXPRESSION: Missing Tests for FOE, Does expression fall within
2(b), and limitations by government
a. Pursuit of Truth: Mill said the only way we can uncover truth is by putting
it in front of a panel of adverse opinions. Allowing people to say what is on
their mind, their opinions, their beliefs. Outcomes:
i. You might confirm the existing belief
ii. You may be able to refute it, but confronting existing knowledge
iii. By taken two different truths we learn it comes to lie somewhere in
the middle (often the case**)
b. Democratic Participation: democracy is premised on the idea that its
citizens are allowed to base and dicuss its ideas. It requires a public forum
where public discussion can take place. Justice is not done until it is seen
in society. The ability to speak truth to power, to be able to stand up to the
state and say that something is not right, and not fear the state.
c. Individual self- fulfillment: Individuals are able to explore the boundaries
of themselves and their ideas. It includes speech and thoughts as a whole,
and one’s actions as a whole.
i. Irwin Toy: manufactures toys in Quebec and sells them in Quebec.
Took issue in Quebec law on advertising, felt it infringed on their
freedom of expression.
ii. Quebec did not allow companies to advertise during children’s
cartoons by using cartoon figures. Aimed at reducing the
exploitation of children
iii. Court looked at all 3 aspects of the purpose of 2b (pursuit of truth..
good activity…participation should be fostered and encouraged..
self- fulfillment and human flourishing ought to be cultivated in an
essentially tolerant and welcoming environment not only for the
sake of those who convey a meaning but also for the sake of those
for whom it is to be conveyed). This is important because its not
just about the individual providing the content but its about those
who are consuming the content and how it affects them. In order to
assert these rights they must show that their case falls in these 3
forms. Found to be a violation of expression, but it was upheld by
2. Expression: broken down into form & content and how they are protected by
freedom of expression.
a. Form: how you say something. Includes physical gestures (excluding
i. Ford v. Que Montreal
1. An issue of language. At the time bill 101 in Quebec (charter
of French language, used to protect the language). Required
individuals to attend French schools, primary language of
business, be on all advertising and business signs, and
required French business names. 2. Ford was warned she violated bill 101 along with 2 others,
and 2 others had been charged. Raised it as a charter
offence, and sued the government over its laws.
3. Court first examined section 33, whether how much of
section 33 had been used in relation to bill 101. Found that it
applied to bill 101.
4. The court held that language is so intimately related to the
form and the content of expression that there cannot be
freedom of expression relating to a lang