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Freedom of Religion

Category: The Charter, Fundamental Freedoms (Section 2)

The freedom of religion is one of the fundamental freedoms protected by section 2 of the Canadian Charter of Rights and Freedoms.[1] What is the legal impact of having this freedom? In other words, what does it allow me to do

Key Terms
Freedom of Peaceful Assembly

Category: The Charter, Fundamental Freedoms (Section 2)

SECTION 2(C): FREEDOM OF PEACEFUL ASSEMBLY Section 2(c) of the Charter of Rights and Freedoms guarantees the freedom of “peaceful assembly.”[1] It is one of the fundamental freedoms protected in the Charter. The section protects a person’s right to gather with others and express ideas.[2] The

Key Terms
Freedom of Expression

Category: The Charter, Fundamental Freedoms (Section 2)

‘Freedom of expression’ is one of the fundamental freedoms protected by section 2 of the Canadian Charter of Rights and Freedoms. Section 2(b) provides that everyone has “freedom of thought, belief, opinion and expression, including freedom of the press and other

Key Terms
Freedom of Conscience

Category: The Charter, Fundamental Freedoms (Section 2)

Freedom of conscience is one of the fundamental freedoms protected by section 2 of the Canadian Charter of Rights and Freedoms.[1] What is the legal impact of this freedom? Ultimately, the freedom of conscience constitutionally recognizes “the centrality of individual conscience

Key Terms
Positive and Negative Rights

Category: The Charter, Fundamental Freedoms (Section 2), Equality Rights (Section 15), Minority Language Education Rights (Section 23)

This article was written by a law student for the general public. Some constitutional rights outline the activities that the government must do, while other constitutional rights outline the activities that the government must not do. This distinction is described by the

Key Terms
Bill 101

Category: The Charter, Fundamental Freedoms (Section 2), Minority Language Education Rights (Section 23)

This article was written by a law student for the general public. The Charter of the French Language (S.Q. 1977, c. 5), an important statute adopted by the Quebec National Assembly in 1977, is popularly known as ‘Bill 101’ from its designation

Key Terms
Freedom of Association

Category: The Charter, Fundamental Freedoms (Section 2)

Freedom of association is one of the fundamental freedoms protected under section 2 of the Charter.[1]Its purpose is to recognize the social nature of human activities and allow individuals to work together to achieve common goals.[2] Freedom of association protects three

Articles | CCS Administrator | October 19, 2018
“Purging” Facebook of Threats and Hate Speech: Is this Constitutional?

Category: The Charter, Fundamental Freedoms (Section 2)

Introduction Two women in Manitoba have been charged with uttering threats and public incitement of hatred for their Facebook comments, posted in response to the vandalism of one woman’s car.[1] The women blamed the vandalism on on-reserve “Indians” and agreed to

Articles | Nathaniel Gartke | September 18, 2018
Wading into murky waters: Courts and the complexities of organized religion

Category: The Charter, Fundamental Freedoms (Section 2)

 Introduction An old maxim has it that there are three things one should never discuss around the dinner table: sex, politics, and religion. In some way, the same holds true at Canada’s highest court. Though the Supreme Court of Canada

Articles | Chenoa Sly | July 27, 2018
Failing to Provide the Necessaries of Life: Freedom of Conscience and Religion, Parental Choice and Children’s Rights

Category: The Charter, Fundamental Freedoms (Section 2)

Introduction David and Collet Stephan were convicted in April 2016 of failing to provide the necessaries of life (Criminal Codes 215(2)(b)) to their son Ezekiel, who died of meningitis in March 2012.[1] A family friend and nurse had suggested to

Articles | Nathaniel Gartke | July 12, 2018
SCC clarifies freedom of religion, gives law societies license to limit it

Category: The Charter, Fundamental Freedoms (Section 2)

On June 15, 2018, the Supreme Court of Canada released a highly-anticipated pair of decisions: Law Society of British Columbia v Trinity Western University[1] and Trinity Western University v Law Society of Upper Canada.[2] These also happened to be the last two decisions of

Articles | Katherine Creelman | October 23, 2017
Free expression: Do Canadian universities make the grade?

Category: The Charter, Fundamental Freedoms (Section 2)

Universities in Canada are currently grappling with balancing respect for free expression and the call for less offensive speech on campus, especially when it targets and harms marginalized groups. But, what is the law of free expression in Canada? Is

Articles | Katherine Creelman | September 8, 2017
Extra, extra! Protecting the “free” press in Canada

Category: The Charter, Fundamental Freedoms (Section 2)

“2. Everyone has the following fundamental freedoms: (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;”[1] In Canada, freedom of the press is expressly recognized and constitutionally protected in section 2(b)

Articles | Katherine Creelman | August 4, 2017
The Free Press: No freedom without source protection

Category: The Charter, Fundamental Freedoms (Section 2)

There is a dilemma created with respect to the use of certain sources by the press:  how can the press truly be free to report, when their sources are not protected? Journalists contend that there cannot truly be a free

Articles | Coleman Brinker | July 10, 2017
Sex, religion, and a private university pave a bumpy road to the Supreme Court

Category: The Charter, Fundamental Freedoms (Section 2), Equality Rights (Section 15)

There is nothing like sex and religion to ignite a heated debate. Once again, such a debate has found its way to the courtroom and is scheduled to be heard by the Supreme Court of Canada on November 30, 2017.

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