Justice Ashcroft noted that parliamentary privilege applies even if
a Charter right to free speech is infringed.
Not exact matches
However, many critics view section 13 as a violation of the
rights to free speech and self - expression guaranteed under the
Charter.
In particular, she argued the Tribunal erred by holding the words «with respect
to employment» were ambiguous, thus necessitating a consideration of
Charter values and a balancing of Mr. Dvorak's
free speech and associational
rights against her Code
right to be
free from discrimination.
«The Supreme Court of Canada ruled in Canada (Human
Rights Commission) v. Taylor, [1990] 3 S.C.R. 892 that this legally prescribed limitation of fundamental Charter rights [Section 13 (1) of the Canadian Human Rights Act] was reasonable and justifiable, but warned that caution and restraint would be required in the application of the section so that the limitation on free speech would be minimized to the greatest possible extent.&
Rights Commission) v. Taylor, [1990] 3 S.C.R. 892 that this legally prescribed limitation of fundamental
Charter rights [Section 13 (1) of the Canadian Human Rights Act] was reasonable and justifiable, but warned that caution and restraint would be required in the application of the section so that the limitation on free speech would be minimized to the greatest possible extent.&
rights [Section 13 (1) of the Canadian Human
Rights Act] was reasonable and justifiable, but warned that caution and restraint would be required in the application of the section so that the limitation on free speech would be minimized to the greatest possible extent.&
Rights Act] was reasonable and justifiable, but warned that caution and restraint would be required in the application of the section so that the limitation on
free speech would be minimized
to the greatest possible extent.»
I suspect this is related
to the differing understanding of
free speech and
free expression, especially in the context of Canadian
Charter and human
rights jurisprudence.
By showing the publicly accessible TVO video in class, she was accused of creating an unsafe and toxic learning environment, the crime of transphobia, violating Laurier's gender violence policy and somehow breaching both the
Charter of
Rights (which actually protects
free speech) and the Canadian Human
Rights Act (which didn't apply
to Laurier), proving that when non-lawyers in positions of power think they know the law, they always get it wrong when they use it
to bully and harass their subordinates.
The tribunal took the
Charter argument for
free speech seriously but, correctly within the context of the existing BC human
rights regime, ruled that Pardy's
right not to be faced with discrimination in a public place while being served trumped Earle's Charter Right to say whatever he wa
right not
to be faced with discrimination in a public place while being served trumped Earle's
Charter Right to say whatever he wa
Right to say whatever he wanted.
It seems from the writeup as if judges have
to do some pretty active balancing of
rights of
free speech and freedom from harassment, even by Canadian
Charter standards.