It is difficult to overstate the importance of freedom of expression. It is more than a legal right. It is more than a constitutional right. It is a manifestation of human freedom at its most basic level. And it informs a number of other rights we cherish as Canadians. It is inseparably linked to democratic rights, religious rights, associational rights, and so forth. Universities and the academe have a unique role to play in its maintenance and advancement.
Of course, freedom of expression is not without restriction. There is no proverbial right to yell “fire” in a crowded theatre. Some restrictions can be justified under section 1 of the Charter. The Supreme Court has, controversially, justified limitations on free expression in a number of cases, and most recently in its Whatcott decision.
At the same time, consideration of freedom of expression questions has occurred in our school. Osgoode and the International Legal Partnership have laudably undertaken to promote freedom of expression. I was heartened to see free speech “posters” posted in the foyer of the law school in connection with this initiative. Freedom of expression is inextricably connected to freedom generally. To the extent that our institution is advancing this initiative in its international outreach, we should be rightly proud. I am likewise heartened to see the level of respect and tolerance toward the posters at Osgoode. A casual reading of the postings evidences some basic debate but, more importantly, respectful debate. This is testament to our institution.
Moreover, it stands in marked contrast to what transpired at Carleton, where a self-appointed student “activist” tore down a free speech wall in light of comments the student did not agree with. There is nothing less progressive than this unsolicited act of censorship. It hearkens back to a similar ugly incident at Carleton, which sought to decertify a pro-life students’ club, on the basis of its disagreement with the club’s beliefs. There is no shortage of ugly incidents of censorship across Canadian campuses.
Universities must be incubators of critical thought and the free exchange of ideas – even controversial ones. This is essential to creating constructive learning environments and widening the ambit of human knowledge and enquiry. Students will not always agree with the ideas of other students or faculty, and in many cases there will be parties who are upset or offended. But universities in Canada must err on the right to speech. It is not just a principle, it is the first principle.