The Past, Present, and Future of Expressive Freedom under the Charter

More than ten years have passed since the Supreme Court of Canada\u27s first interpretation of the Charter\u27s guarantee of expressive freedom in RWDSU v. Dolphin Delivery. This review of the past, present, and future of expressive freedom under the Charter is in three parts. The first-dealing with the past-traces the evolution of a methodology of expressive freedom in the first generation of s. 2(b) jurisprudence. It is followed by an examination of the status of expressive freedom at present, through comments on recent Supreme Court landmarks in Dagenais v. Canadian Broadcasting Corp., Hill v. Church of Scientology of Toronto, and RIR-MacDonald Inc. v. Canada (A.G.). The third part proposes a methodology for the future, which would enhance the Charters protection of expressive freedom by grounding the s. 1 analysis in a framework of principle