PUB2 101D1 Lecture Notes - Lecture 9: Defamatory Libel, Indictable Offence, Prior Restraint
4 May 2019
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Scope of the freedom: prior restraint, manner, time, place. And second, will it drive potentially radicalized individuals further underground?" says roach. Preference is to interpret the right broadly and examine limits under s. 1. The protection of freedom of expression is premised upon fundamental principles and values that promote the search for and attainment of truth, participation in social and political decision- making and the opportunity for individual self-fulfillment through expression. Purpose of fr. of expression: the connection between freedom of expression and the political process is perhaps the linchpin of the s. 2(b) guarantee, and the nature of this connection is largely derived from the canadian commitment to democracy. The court has also had occasion to deal with the issue of hate propaganda. In irwin toy, supra, the majority affirmed the doctrine of content neutrality, stating that s. 2(b) protects all messages, however unpopular, distasteful or contrary to the mainstream (p. 968); see also keegstra, supra, at p. 729.
