Freedom Of Expression: A Conservative Approach

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Freedom of Expression: A Conservative Approach If Canada obtains a liberal view concerning freedom of expression, individuals who commit wrongful acts such as those mentioned in the six freedom of expression cases (discussed upon in class), could misuse the Canadian Charter of Rights and Freedom and manipulate these sacred rights for the use of protecting their own livelihood. This then results in a domino effect (slippery slope) of further individuals who will use the opportunity of the Charter to claim their "rights" of freedom of expression to their own advantage. The government should regard these exploitations and hence set the society as the number one priority and not the rights of the individual in certain extreme cases. Although individual…show more content…
In particular, Section 2, freedom of expression, does not state specifically the degree to which it can be used. Meanwhile, it is mentioned in Section 15 (1) that every citizen has the right to equal protection from discrimination before and under the law; Zundel violates this section of the Charter since he was allowed to publish a book based on his personal prejudice and attack on an identifiable group. Similarly, Keegstra, an Alberta high school teacher, denied the existence of the Holocaust and promoted his ideas to the classroom; but unlike Zundel, he was denied his freedom of expression even though Zundel was just as discriminatory towards the Jews. This is an example of the inconsistencies with a liberal view of the Charter- Section 2 most notably- and so, with a more conservative view, certain limits would be placed on the individual's rights to eliminate ambiguity, confusion, and contradictions in the law as much as possible; this in turn will give people a clearer understanding as to how far they can use these rights to defend themselves so that there is no abuse of rights. Not only that, but similar cases will also be treated equally. Accordingly, having a more conservative view of freedom of expression will protect society from discriminatory remarks that are based on an…show more content…
The rights of the society should be the first priority, but there are many contradictory laws in the Charter. For instance, the fact that Zundel was allowed to release a book denying that the Holocaust existed is a juxtaposition to the Charter which states, in Section 15 (1), that every individual has the right to the equal protection and benefit of the law without discrimination; yet, the Canadian government allowed him to publish his book which is based on personal prejudice while Keegstra who's actions compare as far less severe was fired from his teaching job. Likewise, Sharpe released a memoir about molesting young boys; but unlike Zundel, he was not allowed to publish it even though discriminating against an identifiable group causes just as much harm as promoting pedophilia. Hence, individuals who commit wrongful acts could misuse the Canadian Charter of Rights and Freedoms and take advantage of the concept of freedom of expression under a Liberal view, helping them get away with such acts. Thus, Canada would be better off establishing a conservative view of freedom of expression than the present liberal

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