Forthcoming in R Albert and D Cameron (eds), Canada in the World: Comparative Perspective on the Canadian Constitution, Cambridge University Press
17 Pages Posted: 16 Jun 2017
Date Written: June 16, 2017
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: 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