Section 2: Fundamental Freedoms

Freedoms of expression

Everyone has 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. - We will be focusing on section 2B

(d) freedom of association."

section 2b

Section 2B talks about how everyone has the right to freedom of expression, meaning they have the freedom to wear what they want to wear and have the emotion they have. You also have the right to say what you want to say as long as it does not put down, hurts or endangers other groups. As well as you are allowed to believe whatever you want to believe as long as you do it in a safe and considerate manner that also doesn't put down other groups. This right applies to everyone not just Canadian citizen. Meaning even if you are just visiting Canada or you live here but you are not a citizen you still have the freedom to your thought, beliefs, opinion and expression.

A Real Case: Keegstra Case

R v Keestra, 1990 SCC

Jim Keegstra was a secondary school teacher in Alberta who was teaching anti-Semitic propaganda to his students saying that the holocaust was not real. In 1984 he was charged with a hate crime which can have up to 2 years' in captivity. Jim Keegstra was found guilty in 1985 but he argued that it went against his freedom of expression. Jim Keegstra thought that he shouldn't be fined with a hate crime because it goes against his freedom of expression. Although at no point was he trying say that he should be allowed to teach again. The case came to the Supreme Court of Canada in 1990 and 1996. The court ruled against Jim Keegstra by saying "that Canada's hate laws have a "reasonable limit" on a person's freedom of expression."

JUSTIFIABLE LIMITATION

A justifiable limitation is a limitation that is reasonable and doesn't take to much away from your rights. A justifiable limitation would be with hate speech you can't say things that could hurt other groups or put them down in anyway. We think this is a justifiable limitation because even if you have the freedom to express yourself it has to be within reason and you have to be aware how it could affect others.

Sources

Government of Canada, D. of J. (2021, September 1). Section 2(b) – freedom of expression. Charterpedia. Retrieved April 8, 2022, from https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art2b.html

Boyko, J. (2021). Keegstra Case. In <em>The Canadian Encyclopedia</em>. Retrieved from https://www.thecanadianencyclopedia.ca/en/article/keegstra-case

Maddock, J. (n.d.). R. V. Keegstra, [1990] 3 SCR 697. Charter Cases. Retrieved April 8, 2022, from http://www.chartercases.com/r-v-keegstra-1990-3-scr-697/