Freedom of Expression
1934
Under Manitoba's Libel Act,
persons who are libelled because of their race or creed in ways that are
likely to expose them to hatred, contempt or ridicule have the right to
get a court order stopping the offender from publishing the libel.
1937
S. 6 of Regulations under Ontario's
Community Halls Act states that no organization shall be denied
the use of halls erected under the Act for religious, fraternal or political
reasons.
Quebec enacts The Act Respecting
Communist Propaganda (consolidated as R.S.Q. 1941 c. 52) which places
severe restrictions on the freedom to advocate communist principles.
1940
The Communist Party of Canada is outlawed
by Order in Council under the authority of the War Measures Act.
1944
Ontario enacts The Racial Discrimination
Act, 1944 S.O. 1944, c. 51, which prohibits the publication
or display, on lands, premises, by newspaper or radio, any notice, sign,
symbol, emblem or other representation indicating racial discrimination.
1948
The United Nations enacts the Universal
Declaration of Human Rights.
In R v. Boucher [1951] S.C.R. 265,
the Supreme Court of Canada decides that handing out religious pamphlets
by Jehovah's Witnesses does not constitute seditious libel and is therefore
not a criminal act.
1953
In Saumur v. City of Quebec [1953]
2 S.C.R. 299 , the Supreme Court of Canada strikes down a prohibition
on the distribution of leaflets by Jehovah's Witnesses as a restriction
of freedom of religion.
1957
The Supreme Court of Canada strikes
down Quebec's Act Respecting Communist Propaganda in Switzman v. Elbing
[1957] S.C.R. 285.
1959
In Roncarelli v. Duplessis [1959]
S.C.R. 121, damages are ordered against the Premier of Quebec when
a liquor license is cancelled arbitrarily as part of actions designed
to punish Jehovah's Witnesses.
1960
The Canadian Bill of Rights
receives Royal Assent.
1971
The Criminal Code makes it a crime to advocate genocide or publicly incite
hatred against people because of their colour, race, religion, or ethnic
identity.
1976
The United Nations passes the International Covenant on Civil and
Political Rights .
1982
The Canadian Charter of Rights
and Freedoms is enacted as part of the Constitution Act, 1982.
1988
In Zylberberg v. Sudbury Board
of Education (1988) 65 O.R. (2nd) 641, reciting the Lord's
Prayer in school is found to violate the Charter of Rights and Freedoms
.
1989
In Irwin Toy v. A.G. Quebec [1989]
1 S.C.R. 927, the Supreme Court of Canada decides that a ban on advertising
directed at children does not violate the right to freedom of expression.
1990
In R. v. Keegstra (1990) 1 C.R.
(4th) 129 (SCC), the Supreme Court of Canada decides that
s. 319(2) of the Criminal Code, which makes it a crime to wilfully promote
hatred against a person because of their colour, race, religion or ethic
identity, is a reasonable limit of free speech under the Charter of
Rights and Freedoms.
1992
In R.v. Zundel [1992] 2 S.C.R.
731, the Supreme Court of Canada strikes down the Criminal Code prohibition
against spreading false news because it violates freedom of expression
under the Charter of Rights and Freedoms .
1996
The Supreme Court of Canada decides
that a teacher's conduct out of school is relevant to the ability to perform
the job in the classroom in Attis v. N.B. School District No. 15 Board
of Education [1996] 1 S.C.R. 825.
1999
Reciting The Lord's Prayer before
council sessions is found to violate the freedom of religion in Freitag
v. Penetanguishene (Ont. C.A., September 23, 1999).
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