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Freedom of expression in Canada is protected as a "fundamental freedom" by section 2 of the Canadian Charter of Rights and Freedoms; however, in practice the Charter permits the government to enforce "reasonable" limits censoring speech. Hate speech, obscenity, and defamation are common categories of restricted speech in Canada.
Termination of marriage in Canada is covered by the federal Divorce Act. [29] A divorce may be granted for one of the following reasons: the marriage has irretrievably broken down, and the two parties have been living apart for a year (s.8(2)(a) of the Act) one party has committed adultery (s.8(2)(b)(i) of the Act)
Alberta passed a law invoking the clause in 2000 to define marriage as "between a man and a woman"; this law was effectively declared ultra vires by the Supreme Court of Canada because only the federal Parliament can define marriage. In 2021, Ontario passed a law invoking the clause to increase the time period during which third-party groups ...
Infringements are upheld if the government's objective in infringing the right is "pressing and substantial" in a "free and democratic society", and if the infringement can be "demonstrably justified". [3] The Supreme Court of Canada has applied the Oakes test to uphold laws against hate speech (e.g., in R v Keegstra) and obscenity (e.g., in R ...
This preamble states Canada's constitution would be based upon Britain's, and Britain had limited free speech in 1867. Furthermore, free speech is considered to be necessary for a parliamentary government to function. [16] Free speech was later included in the Canadian Bill of Rights.
The anti-free speech apple did not fall far from the tree. It was Trudeau’s father, Pierre Trudeau, who as prime minister used the predecessor to the act for the first time in peacetime to ...
In 2005, following a series of court cases across the country which held that same-sex marriage was constitutionally required, the federal Parliament passed the Civil Marriage Act, which made same-sex marriage legal throughout Canada. Canada was the fourth country in the world, and the first in the Americas, to implement same-sex marriage. [79]
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