POLSCI 3FR3 Lecture Notes - Lecture 5: Charter Of The French Language
15 May 2018
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Monday, February 5, 2018
3RF3 Charter of Rights and Freedoms
Freedom of Expression!
-What constitutes freedom of expression!
•Purpose of expression!
•The expression in question has to contain a meaning, they have to be trying to
convey a meaning, if its one of these below then its protected!
-Pursuit of truth!
-democratic participation !
-individual self-fulfillment (particularly broad, not just expression using words, all
forms of artistic expression, actions, etc., away from just speaker or producer to
include the receivers of the expression, individual may be self-fulfilled by hearing
or reading something!
•if case doesn’t involve one of these purposes, then 2(b) doesn’t protect it!
•Violence isn’t protected (never covered under 2(b)!
-That is the physical act of violence!
•Content & Expression!
-There will be expressions we don’t like, are they protected? Yes.!
•Content Neutrality!
-R v. Keegstra!
•Keegstra, Alberta high school teacher, hateful preaching on jews because
they’re evil, required students to feed it back to him!
•contrary views received poor grades!
-A number of people called police!
-Violated sec. 319 of criminal code: offence of willful promulgation of hatred
against an identifiable group!
-His only argument against the criminal code allegation was that it violated
sec. 2(b) right not justifiable by sec. 1!
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Document Summary
What constitutes freedom of expression: purpose of expression, the expression in question has to contain a meaning, they have to be trying to convey a meaning, if its one of these below then its protected. That is the physical act of violence: content & expression. R v. keegstra: keegstra, alberta high school teacher, hateful preaching on jews because they"re evil, required students to feed it back to him, contrary views received poor grades. 319 of criminal code: o ence of willful promulgation of hatred against an identi able group. His only argument against the criminal code allegation was that it violated sec. Ask: is the speaker trying to convey a meaning. If yes, then it doesn"t matter what was said, its protect under 2(b: form and location of expression. Calls for distinction between language used and content. Bill 101 (at the time called) didn"t stop her from saying, just must say in french.
