Freedom of Speech: How Much Freedom Do We Really Have?

If we use the Charter of Rights and Freedom as our basis for freedom of speech, section 2B states that, as Canadian citizens, we have an unalienable right to voice an opinion publicly and freely.  This right is in turn extended to the media, giving them the same right to voice or write an opinion, discovery or analysis without the fear of being censored or punished.

The media has a job to do; it tells you what’s going on in our world and about the different people in our world - the people receiving Nobel prizes, the nominees for the Oscars, victims of heinous crimes, individuals who have been accused of committing crimes, and so on. Some of these stories are based on opinion and others on hard facts.

Section 319 of the Charter ensures that opinions that "incite hatred based on color, race, religion, ethnic origin and sexual orientation are prohibited and restricted except where the statements made are true or in good faith.” This should leave the playing field relatively open, but it does not.

Section 1 of the Charter, often referred to as a limitation clause, further limits Canadians freedom of speech, revealing that it is in fact not absolute and can be limited under certain situations. It states: “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” This is not so much a limitation clause as it is a ‘don’t rock the boat’ clause, ensuring that anything controversial or risqué can be legally removed. Suddenly, the playing field is narrower.

Canada is composed of different people from all walks of life. This is something that Canadian citizens have prided our nation on and what the Canadian government has used to differentiate Canada from other countries. Do we not promote our diversity and multiculturalism at every chance we get? The answer, of course, is yes. Yet, in such a diverse country, how can we possibly write or say something to the public without it offending someone? If we tell stories or news events with tidbits of information left out to appease members of the public for fear of offending them, are we really interested in diversity, or are we just priding ourselves on a nation of people that looks different from one another but are all forced to hear, read, and eventually believe, the same things? 

The media entertains you, it warns you, and it prepares you all while keeping you informed.  This can be done and should be done without committing a hate crime, however it cannot be done without offending someone. The law should not protect people from feeling offended and the law most certainly should not censor risqué comments or stories. We are entitled to hear and read everything available to us worldwide, even if we don’t agree with it. This is how we stay informed and this is how we develop opinions and values of our own and if we don’t like what we are seeing, we all have the right to turn the page.