Document Type
Article
Publication Title
Windsor Review of Legal and Social Issues
Publication Date
1994
Abstract
Although the principle of human dignity is not expressly recognized in the Canadian Charter of Rights and Freedoms, it cannot be denied that it is an important value which underlies many of the rights and liberties which receive explicit constitutional protection. In this article, the authors examine the manner in which the courts, and in particular the Supreme Court of Canada, have taken this fundamental value into consideration when determining the limits that may be imposed on freedom of expression. The authors suggest that the court's jurisprudence does not reveal a coherent approach to the resolution of conflicts which arise from time to time between human dignity and the freedom of expression. The court's attitude appears to depend on whether the expression in question is political or artistic in nature, as well as on the composition of the court. The resulting uncertainty is detrimental both to the freedom of expression and the principle of human dignity.
Recommended Citation
Mark A. Drumbl, Ian Lee & Martha Rafuse, La Liberté d'Expression et la Dignité de la Personne Devant la Cour Suprême du Canada, 5 Windsor Rev. Legal & Soc. Issues 109 (1994).