Canadian Constitutional Law of Freedom of Expression

Abstract

The Canadian law of freedom of expression represents a distinctive and important contribution to global constitutionalism. In this chapter, I will reflect upon it with three aims. First, I will examine Canadian free speech law to identify the fundamental commitments on which it depends: equality, multiculturalism and a conception of the state as a positive agent in the protection of rights, the last of which I think is sometimes underemphasised in comparative debate. Second, I will argue that these distinctive substantive commitments — most especially the conception of the state — are also evident in the methodology of Canadian constitutional law of freedom of expression.

Keywords: Freedom of Expression, Canadian Law

JEL Classification: K00, K39