Canadian Constitutional Law of Freedom of Expression

Forthcoming in R Albert and D Cameron (eds), Canada in the World: Comparative Perspective on the Canadian Constitution, Cambridge University Press

U of Melbourne Legal Studies Research Paper No. 751

17 Pages Posted: 16 Jun 2017  

Adrienne Stone

Melbourne Law School

Date Written: June 16, 2017

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

Suggested Citation

Stone, Adrienne, Canadian Constitutional Law of Freedom of Expression (June 16, 2017). Forthcoming in R Albert and D Cameron (eds), Canada in the World: Comparative Perspective on the Canadian Constitution, Cambridge University Press; U of Melbourne Legal Studies Research Paper No. 751. Available at SSRN: https://ssrn.com/abstract=2987675

Adrienne Stone (Contact Author)

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010

Paper statistics

Downloads
32
Abstract Views
106