this post was submitted on 19 Dec 2023
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Technically Canada (and most other Liberal democracies) have similar freedom of expression (which includes speech). Where the difference lies between Canada and the US is in the Canadian Charter of Rights' structure vs. the US Constitution's structure.
In the US, "Freedom of Speech" is the first amendment, and as such (as I understand it) stands largely on it's own as an enumerated right. Unless it intersects with another Constitutional provision, or with the interpretation of the text of the first amendment itself, it's otherwise unlimited.
In Canada, Freedom of Expression is provided for in Section 2 of the Charter, but Section 1 provides for the limitation of any of the following rights and freedoms:
I Am Not A Lawyer, but the legal framework for testing Section 1 laws is call the Oakes test, and the language in this article bears the hallmark of justifications of the application of Section 1:
I would assume that since this was an attempt to dismiss a lawsuit using Ontario's anti-SLAPP law, that the motion to dismiss was overruled because the anti-SLAPP laws were in line with promoting a Free and Democratic society.
Also there is Section 33, the "notwithstanding clause", which allows for the temporary suspension on just about any of the rights by the legislature, but that's not relevant here, ans is fairly rarely used (except in Quebec).