Associate Professor Eric Adams headlined the fourth installment of the Centre for Constitutional Studies' Downtown Charter Series on September 29 with a public lecture on Section 2(b) - the freedom of expression - of the Canadian Charter of Rights and Freedoms. During his lecture, Prof. Adams - a research fellow at the Centre - noted the importance of freedom of expression in a free and democratic society and encouraged public engagement in forums like the Downtown Charter Series.
"The constitution needs to be outside of courtrooms and law schools to be a part of a vibrant democracy," he said in his opening remarks. "The rights and values are there to be debated by everyone."
Prof. Adams then provided a historical overview of freedom of expression, making it clear that the freedom was a recognized, but unwritten, constitutional principle prior to Canada enacting the Charter in 1982.
Section 2(b) is now enshrined in our constitution as a fundamental freedom, protecting "freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication". The Supreme Court of Canada takes a broad approach to expression, and every activity intended to convey meaning is protected as speech. Prof. Adams cited different types of expression, from biting political satire to silent protest.
Like all guaranteed rights in the Charter of Rights and Freedoms, s. 2(b) is subject to a reasonable limits clause: the government can infringe on an individual's rights when necessary for a free and democratic society. When an individual's expression goes beyond Canada's reasonable limit, it becomes the subject of debate in the courts. Prof. Adams cited hate speech as one area where the courts have imposed restrictions on an individual's freedom of expression.
Prof. Adams also discussed some contemporary and local examples of disputes involving freedom of expression, including the Government of Alberta's decision to ban Rebel Media correspondents from press briefings, a clash over anti "honour killing" advertisements on Edmonton Transit Service buses, and a local Edmonton preacher that has fought to continue preaching with a microphone on Edmonton streets despite complaints from the local community.
The Centre for Constitutional Studies launched the Downtown Charter Series - free and open to the public - in March 2016 with Prof. Steven Penney's lecture on "The Charter, and the Right to be Free From Unreasonable Search and Seizure, as it Relates to Digital Devices". Patricia Paradis, the Centre's Executive Director, headlined the second installment - "Section 15: The Charter, The Right to Equality, and to Freedom from Discrimination" - on April 26, 2016. Prof. Peter Sankoff presented the third installment on May 26, in a presentation on Section 15 of the Charter entitled "Pleading the 5th: The Right Against Self-Incrimination". Each lecture in the Downtown Charter Series discusses a different section of the Charter. Prof. Peter Carver is presenting the next lecture, in November, on Section 2(a), freedom of religion.