Published In

Supreme Court Law Review

Document Type

Article

Publication Date

2012

Subjects

Canada; Constitutional Law; Canadian Charter of Rights and Freedoms; freedom of expression, Democratic self-government, advancement of truth and knowledge, individual self-realization

Abstract

he Supreme Court of Canada has explained Canada's commitment to freedom of expression in section 2(b) of the Canadian Charter of Rights and Freedoms on the basis of the importance Canadians attach to three deeper societal values: 1) democratic self-government, 2) the advancement of truth and knowledge; and 3) individual self-realization. These values have, however, come to do more than provide the philosophical rationales for providing constitutional protection to freedom of expression in Canada. They have also been given important doctrinal roles, pursuant to which they assist the Court to resolve a broad range of cases in which freedom of expression is invoked. The purpose of this paper is to extract from the body of jurisprudence in which the values have played these doctrinal roles the meanings the Court has given each of them. A critical assessment of those meanings will be provided in a separate paper.”

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