The Past, Present and Future of Expressive Freedom Under the Charter

Osgood Hall Law Journal, Vol. 35, No. 1, 1997

74 Pages Posted: 9 May 2010

See all articles by Jamie Cameron

Jamie Cameron

York University - Osgoode Hall Law School

Date Written: 1997

Abstract

More than ten years have passed since the Supreme Court of Canada’s first interpretation of the Charter’s guarantee of expressive freedom in RWDSU v. Dolphin Delivery. This review of the past, present, and future of expressive freedom under the Charter is in three parts. The first — dealing with the past — traces the evolution of a methodology of expressive freedom in the “first generation” of s. 2(b) jurisprudence. It is followed by an examination of the status of expressive freedom at present, through comments on recent Supreme Court landmarks in Dagenais v. Canadian Broadcasting Corp., Hill v. Church of Scientology of Toronto , and RJR-MacDonald Inc. v. Canada (A.G.). The third part proposes a methodology for the future, which would enhance the Charter’s protection of expressive freedom by grounding the s. 1 analysis in a framework of principle.

Keywords: Canadian Charter, S. 2, Freedom of expression

JEL Classification: K10, K19

Suggested Citation

Cameron, Jamie, The Past, Present and Future of Expressive Freedom Under the Charter (1997). Osgood Hall Law Journal, Vol. 35, No. 1, 1997. Available at SSRN: https://ssrn.com/abstract=1600737

Jamie Cameron (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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