The Right to Protest, Freedom of Expression, and Freedom of Association
The Right to Protest, Freedom of Expression, and Freedom of Association Oxford Handbook of Canadian Constitutional Law (2017)
19 Pages Posted: 14 Jun 2018
Date Written: May 29, 2017
This co-authored article is chapter 35 in the Oxford Handbook of Canadian Constitutional Law, published in 2017. Its purpose is to explore freedom of expression and freedom of association under the Charter of Rights and Freedoms and, in particular, to gauge levels of protection for the right to protest under each guarantee. Two different lines of jurisprudence are joined through a discussion of labour issues arising, respectively, under s.2(b) and (d). Noting the Supreme Court’s protection of labour expression – but not other forms of protest of dissenting voice – and recent constitutionalization of labour relations under s.2(d) – without developing a more inclusive conception of associational freedom – the authors call for strong protection for these core fundamental freedoms, without regard to content, and especially where protest activities are concerned.
Keywords: Charter of Rights and Freedoms, freedom of expression, freedom of association, the right to protes, labour rights and fundamental freedoms under the Charter
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