Document Type

Article

Publication Date

2-16-2023

Source Publication

Centre for Free Expression at The Creative School, Toronto Metropolitan University

Abstract

In 2022, on the 40th anniversary of the Canadian Charter of Rights and Freedoms, I wrote a 5-part blog series that reviewed the Supreme Court of Canada’s s.2(b) jurisprudence. These blogs were published by the Centre for Free Expression (CFE) at Toronto Metropolitan University (TMU), and can be found on the CFE website (See author page: https://cfe.torontomu.ca/blog?issues=All&authors=117). The five blogs, which are consolidated here, begin with a comment on the Court’s 2021 landmark decisions in City of Toronto v. Ontario and Ward v. Quebec. The second blog shifts, providing a quantitative and qualitative survey of the jurisprudence, and is followed by the third blog’s analysis of Irwin Toy and the contextual approach, s.2(b)’s building blocks. The fourth blog addresses newsgathering, open court, and freedom of the press and media, leaving the fifth in the series to comment on s.2(b)’s future. In doing so, the final blog considers the role of positive obligations in the s.2(b) jurisprudence and sketches a proposal for the renewal of s.2(b)’s concepts of breach and jurisprudence.

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