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ARTICLE · 01 MARCH 2018

An Update On Freedom Of Expression & Charter Application To Universities

Freedom of expression on campus is not a new issue, but it bubbled up as a hot topic in 2017.

CanadaConsumer Protection

INTRODUCTION

Freedom of expression on campus is not a new issue, but it bubbled up as a hot topic in 2017.

Although the media may have moved on, the issue of freedom of expression on campus remains as complex and pressing as ever – and it's only a matter of time before the next controversy erupts. In the meantime, universities and colleges have the opportunity to reflect on how they should respond when confronted with situations where freedom of expression may be at issue. This article provides a high-level overview of freedom of expression as a constitutional right protected under the Canadian Charter of Rights and Freedoms, and what courts have said about the application of the Charter to universities.1 Of course, a one-size-fits-all article is impossible given the countless scenarios where freedom of expression—and alleged limits on freedom of expression—could arise in the university or college setting. The law reviewed here cannot be applied in a vacuum but

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