POLSCI 3NN6 Lecture Notes - Lecture 2: Public Property, Section 33 Of The Canadian Charter Of Rights And Freedoms, Positive Liberty
7 Apr 2016
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Scope: everyone has the following fundamental freedoms, (b) freedom of expression. Limits: corporations (can assert a positive freedom of expression, section 33 the notwithstanding clause (limit freedom of expression rights) Public protests: section 1 reasonable limits (justify in limiting the rights) Hate speech (invasion of freedom of expression) Should it be protected under section 2(b: is there a limitation/violation of the guarantee of freedom of expression by a. If answer to both questions is yes freedom has been violated. If answer to both questions is no freedom has not been violated. Scope of freedom of expression: what constitutes expression, purpose of expression. Pursuit of truth: only way we can know if something is true or not if we subject it to context (advance knowledge) Underlies the whole judicial system is based on a faulty basis. Expression that contributes to the democratic life of our country.
