The document discusses limits on student free speech and strategies for addressing harmful speech. It outlines that student speech is protected by freedom of expression under the Charter but is subject to reasonable limits, including hate speech laws, defamation, and contracts. Student speech must not violate the Criminal Code, Human Rights Code, or cause harm. Colleges can establish codes of conduct and use agreements to prevent harmful speech and take remedial measures like injunctions or pursuing legal actions if issues arise. The document provides examples of student speech and analyses how Charter rights, laws, and contracts place boundaries around speech in educational settings.
2. Outline
student free speech
limits to student free speech
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Criminal Code
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Law of Defamation
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Ontario Human Rights Code
Contract
strategies for limiting & remedying harmful
student speech
College Students and the Law: Proactive Strategies
for Today’s Legal Challenges
3. Examples of Student Speech
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student newspapers
posters, pictures and other displays
distributing flyers and other material
demonstrations
verbal communications to the public
internet postings and messages
acts and gestures
physical appearance and dress
picketing
words
College Students and the Law: Proactive Strategies
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4. Charter – Application
32. (1) This Charter applies
(a) to the Parliament and government of Canada in respect of all
matters within the authority of Parliament including all matters
relating to the Yukon Territory and Northwest Territories; and
(b) to the legislature and government of each province in respect of
all matters within the authority of the legislature of each province.
College Students and the Law: Proactive Strategies
for Today’s Legal Challenges
5. Colleges as Government Actors
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Colleges of applied Arts and Technology Act,
2002
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Section 2(4): Defines colleges as agencies of the
crown
Thus, Charter, which applies to government actors, will
apply to Colleges
College Students and the Law: Proactive Strategies
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6. Charter of Rights and Freedoms
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Section 2(b)
Everyone has the following fundamental freedoms:
(b) freedom of thought, belief, opinion and expression, including
freedom of the press and other means of communication
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S. 2(b) has been found to encompass the following:
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communications which convey or attempt to convey meaning
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the content of the speech or expression
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not the time, place or manner of expression
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not a violent form of expression
College Students and the Law: Proactive Strategies
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7. R v. Breeden, 2009 BCCA 463(CanLII)
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Terminated firefighter picketing lobby of
courthouse and fire station with placards
regarding government corruption and misconduct
Charged with trespass and claimed that a
trespass conviction would violate his freedom of
expression
Court of Appeal: freedom of expression not
protected in these locations, as the expression
was inconsistent with the location
College Students and the Law: Proactive Strategies
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8. Charter Limits – Section 1
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The rights and freedoms guaranteed by the
Charter are subject to such reasonable limits
prescribed by law, as can be demonstrably
justified in a free and democratic society
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Under s. 1, courts must balance competing
fundamental values
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Example: Municipal by-laws which restrict bill
boards and other signs
College Students and the Law: Proactive Strategies
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9. Limits to Student Speech – Human Rights Code
Section 13:
(1) …publishes or displays before the public or
causes…any notice, sign, symbol, emblem or other
similar representation that indicates the intention of
the person to infringe a right under Part I or that is
intended by the person to incite the infringement of a right
under Part I;
(2) Subsection 1 shall not interfere with freedom of
expression of opinion.
College Students and the Law: Proactive Strategies
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10. Limits to Student Speech – Human Rights Code
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student speech does not fall directly into any of
the 5 social areas that the Code applies to
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educational programs offered by Colleges are
“services” for the purposes of the Code
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thus, where student speech does not engage s.
13, it will may otherwise be subject to the Code if
it is found to be made in the course of the
“service” provided by the College
College Students and the Law: Proactive Strategies
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11. Limits to Student Speech – Defamation
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law of defamation developed to address harm to
individuals’ reputations
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elements of defamation:
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a statement of fact which is untrue and tends to
lower the reputation of individual/corporation in the
eyes of the community;
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identifies the individual referred to; and
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is published and made available to third parties.
College Students and the Law: Proactive Strategies
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12. Limits to Student Speech – Defamation
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can be used to enforce limits on student speech
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websites on which defamatory statements are
posted can be required to take them down
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courts also assisting plaintiffs in identifying
anonymous internet posters, so that actions
against them can be commenced
College Students and the Law: Proactive Strategies
for Today’s Legal Challenges
13. Limits to Student Speech – Criminal Code
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Section 300:
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Every one who publishes a defamatory libel that he knows is
false is guilty of an indictable offence and liable to
imprisonment for a term not exceeding 5 years.
Section 298:
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A defamatory libel is matter published, without lawful
justification or excuse, that is likely to injure the reputation of
any person by exposing him to hatred, contempt or ridicule, or
that is designed to insult the person of or concerning whom it
is published.
College Students and the Law: Proactive Strategies
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14. Limits to Student Speech – Criminal Code
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Section 181:
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Wilfully publishes a statement, tale or news that he
knows is false or is likely to cause injury or mischief
to a public interest
College Students and the Law: Proactive Strategies
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15. Limits to Student Speech – Criminal Code
• Section 318: purposely promotes or advocates killing
members of an identifiable group (based on colour, race,
religion or ethnic origin) or creates living conditions which
will kill them
• Section 319(2): incites hatred against an identifiable
group (based on colour, race, religion or ethnic origin) in
one of the following ways:
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communicating statements by telephone, broadcasting or
other audible or visible means
occurring in a public place
and where it is likely to be in breach of the peace
College Students and the Law: Proactive Strategies
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16. Limits to Student Speech - Contract
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basis of relationship between students and
College is contractual
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limits to student speech can be made part of this
contract
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this contract is found in the information provided
to the student prior to enrolment
College Students and the Law: Proactive Strategies
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17. Summary of Limits on Student Free Speech
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human rights violations
• where the speech is discriminatory
• where one publishes intention to discriminate or incites
discrimination
Criminal Code
• defamatory libel
• hate propaganda
defamation
• statement made to third party, which identifies individual and tends
to lower their reputation
contract
• can be used to place limits on student speech
College Students and the Law: Proactive Strategies
for Today’s Legal Challenges
18. Practical Strategies to Limit Harmful Speech
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preventing or limiting harmful speech
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Codes of Student Conduct
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student – College contract
policies and use agreements
remedial measures
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injunctions
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action for defamation or breach of contract by College
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actions for defamation or human rights violations by other
students, faculty, staff, and third parties
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charges under Criminal Code
College Students and the Law: Proactive Strategies
for Today’s Legal Challenges
