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)

Osgoode Legal Studies Research Paper No. 1

19 Pages Posted: 14 Jun 2018

See all articles by Jamie Cameron

Jamie Cameron

York University - Osgoode Hall Law School

Date Written: May 29, 2017

Abstract

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

Suggested Citation

Cameron, Jamie, The Right to Protest, Freedom of Expression, and Freedom of Association (May 29, 2017). The Right to Protest, Freedom of Expression, and Freedom of Association Oxford Handbook of Canadian Constitutional Law (2017); Osgoode Legal Studies Research Paper No. 1. Available at SSRN: https://ssrn.com/abstract=3186745

Jamie Cameron (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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