Renewing Freedom of Expression, Part Two: From the Contextual Approach to Proportionality Balancing

Document Type

Book Chapter

Publication Date

12-22-2023

Source Publication

Bird, Brian and Derek B. M. Ross, eds. Rights, Freedoms, and Their Limits : Reimagining Section 1 of the Charter. LexisNexis, 2023.

Abstract

"When can the state place limits on basic human rights? This is a fundamental question for any liberal democracy.In Canada, for rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms, the answer is found in section 1 of this constitutional document. Section 1 provides that the state may only subject Charter rights and freedoms to limits that are 'reasonable', 'prescribed by law', and 'demonstrably justified in a free and democratic society'. But interpreting these standards has proven a difficult task, one which courts, decisionmakers, and legislatures have wrestled with over the first four decades of Charter jurisprudence.This collection offers fresh, innovative, and insightful perspectives on these challenges, and on the proper scope, contours, and limits of rights and freedoms." --publisher's description

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A pre-print version of this chapter is available here.

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