Many people assume that Canada has Freedom of Speech citing the Canadian Charter of Rights and Freedoms that guarantees Canadian citizens the freedom of speech that is given to Americans through the First Amendment. They believe that this grants them the right to say pretty much anything they please on any platform, free of consequence. Because of this misunderstanding, not only of Canadian Free Speech laws but also of the American First Amendment, many people are shocked when they face social, private or sometimes legal consequence.
So, lets look at both rights in their entirety, their legal application and limitations.
"Free Speech"
Charter of Rights and Freedoms, Section 2
2. Everyone has the following fundamental freedoms:
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(a) freedom of conscience and religion;
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(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
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(c) freedom of peaceful assembly; and
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(d) freedom of association
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
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The American First Amendment is a right granted to all American citizens. Any American can legally practice their religion, they can protest or say almost whatever they please without persecution from the federal government.
Although there are some exceptions to the absolutism of the First Amendment, Americans still have extensive freedoms with this right. These freedoms, which encompass the press and any American individual, include the objection or support of any political, religious, racial or legal position or behaviour in the public or private sector.
The Canadian Charter of Rights and Freedoms are a set of rights granted to any person within Canadian territory to protect from federal prosecution, provided that the right does not infringe on any existing law. This grants the press and any individual the right to express their opinions, thoughts and beliefs, or practice their religion, assemble, protest or associate with a group of their choosing.
But what of this statement "...doesn't infringe on any existing laws"? Where does this come from? And why does it not appear in the First Amendment? Well, often is the cases that those who look into Charter often skip to the section that applies to their interest without examining the first paragraph, which is easily the most important paragraph in the Charter. To make sure that we do not make this mistake, here is the first paragraph:
"1. 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 first paragraph is what sets Canadian Freedom of Expression apart from the American First Amendment. Existing laws limiting freedom of expression means that there need not be precedent set specifically addressing the violation of this right. In America, there is limitations of the First Amendment, however a legal precedent must first be established in order to prosecute those who have violated this Right. By contrast, in Canada, rights and freedoms are second to legal regulation.
So, does America have Freedom of Speech?
Sure does!
And does Canada have Freedom of Speech?
How can I make such a claim? "Canada does not have Freedom of Speech". If you are an individual in Canada, you are probably thinking "I can say pretty much whatever I want, and I won't get arrested! Obviously, I can't threaten anybody but I can say some pretty harsh things with no persecution." Within reason, yes. You can express your beliefs and opinions without arrest, but you do not have free speech. Scroll up for just a moment and reread Paragraph 2 in the Charter. Go on, I'll wait... Did you notice that the word "speech", or any reference to the physical act of speaking is not in actually in the Charter. In fact, if you go to the Charter (link below), you will notice that there is no mention of "speech" anywhere in the document.
Nowhere is the freedom of speech explicitly protected. We, in Canada, do not have freedom of speech.
Of course, this is now the place where those who are unfamiliar with the legal system would argue, "semantics!". But in law, there are no semantics. Wording is incredibly important and will decide what legal protections and rights you have in the courts. Even regarding the Charter of Rights and Freedoms, the courts are still the deciding factor in legal protections, and they never generalize, use synonyms or sarcasm.