A Small Dive into the Extent of Freedom of Expression by https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y By Jesse Burnett en-us 2019-04-09 00:48:39 UTC 2024-10-02 00:59:30 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Balance.png Introduction jesse_burnett_dc https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349754219 Section 2 of the Charter of Rights and Freedoms declares that every individual possesses the following fundamental freedoms:

  • (a) freedom of conscience and religion;
  • (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
  • (c) freedom of peaceful assembly; and
  • (d) freedom of association.

This is the basis for our freedom of expression. However, this covers a lot of ground, and we know that libel and defamation are illegal, so how much does this right actually grant us? Well, that's a pretty daunting topic to undertake, but I can at least demonstrate here a small portion of what we can say. Here, I will show you how far an offensive opinion can get before it becomes hate speech, and what exactly that entails.
]]> 2019-04-09 00:52:26 UTC https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349754219 Infringement 101 jesse_burnett_dc https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349754996 Courts typically point toward one section in the Charter to justify the prohibition of speech, and it's the one they point towards pretty much all infringement justification. Section 1. Section 1 of the Charter states the following:

"The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society."

So what does this mean for freedom of expression? This means that the law can justify prohibition on the grounds that said prohibition can be shown to help keep Canada stay a free and democratic society.]]> 2019-04-09 00:56:41 UTC https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349754996 Brief Overview jesse_burnett_dc https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349756569 This video goes a bit more into depth about the basics of freedom of expressions and touches on the Whatcott case I will mention further down.]]> 2019-04-09 01:05:09 UTC https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349756569 Core Principles of Hate-speech jesse_burnett_dc https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349760100 In a famous case used as the cornerstone for dealing with hate-speech crime in Canada, a man by the last name of Whatcott was tried after four complaints reached the Saskatchewan Human Rights Commission concerning some of his activities. Whatcott had printed out two flyers advocating the "removal of homosexuality" from local schools. The flyers in question used language that accusers deemed as inciting hate towards homosexual people. The Supreme Court entertained an appeal on the matter and decided that they would judge allow infringement upon an individual's freedom of expression for laws that meet these criteria:

  1. Rules meet an important objective.
    E.g. reducing discrimination, furthering equality and human dignity.
  2. The restriction on expression only applies to the most extreme forms of speech that are objectively seen to expose protected groups to hatred.
  3. Hate speech is a type of expression that does not support the core values of expression: individual self-fulfillment of vulnerable people is undermined.

So limits intended to reduce discrimination, restrict only the forms of speech most likely to expose groups to hatred, and undermine individual self-fulfillment are justified under section 1 of the Charter. In Whatcott's case, since he didn't meet criteria number 2 enough, the charges were dropped.

Saskatchewan (Human Rights Commission) v. Whatcott, 2013 SCC 11, [2013] 1 S.C.R. 467.
]]> 2019-04-09 01:21:56 UTC https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349760100 The Push for Anti-BDS jesse_burnett_dc https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349770819 The timeline for laws against hate-speech doesn't end with Whatcott, however. That was merely the foundation of everything that happened next. In the May of 2015, the government began attempting to implement initiatives to charge people boycotting Israel with hate-crime. More details explained in the linked video. The notions were never passed because enough people believed it to be an infringement on freedom of expression.

]]> 2019-04-09 02:19:27 UTC https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349770819 Anti-BDS Continued jesse_burnett_dc https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349773245 So, while speaking out against the government's of foreign powers decisions is still protected, always keep an eye out. Things may always change in the future, as the article below highlights when just 5 months ago, senators were still pushing the action. They're still advocating for the ability to punish companies that join in on the Israel boycott.

]]> 2019-04-09 02:32:00 UTC https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349773245 Hate Crime Statistics jesse_burnett_dc https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349775911 Below is a collage of hate crime statistics over the past few years. Observing them, we can get a sense for which places the crimes are taking place and where to be concerned about.]]> 2019-04-09 02:48:26 UTC https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349775911 Conclusion jesse_burnett_dc https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349777232 As we have seen, freedom of expression is still very much protected despite everything we've learned in this class about nonwithstanding clauses and the multitude of ways the government can infringe upon our rights. This wall has outlined the core philosophy of hate-speech and how far each individual can go with their personal beliefs. Thank you for taking the time to read my assignment.]]> 2019-04-09 02:56:27 UTC https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349777232 Case Study Document jesse_burnett_dc https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349779488 2019-04-09 03:11:14 UTC https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349779488 Bill C-16 jesse_burnett_dc https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349779862 This bill passed as a human rights movement has been largely controversial since it controls people's freedom of expression by declaring misgendering a hate crime.]]> 2019-04-09 03:14:16 UTC https://padlet.com/jesse_burnett_dc/q7qs78zfcj6y/wish/349779862