List of Relevant Laws Impacting Free Speech (Canada) (2015-2022)
| ANTI-RACISM | ||
| Name | Jurisdiction | Description |
| Building a Foundation for Change: Canada’s Anti-Racism Strategy, 2019–2022 (Policy, 2019) | Federal | Canada’s anti-racism policy adopted International Holocaust Remembrance Alliance (“IHRA”) definition of antisemitism allowing criticism of Israel to be treated as antisemitism |
| Order in Council 1450/2020 | Ontario | Provincial government declarations of adoption of the IHRA definition of antisemitism |
| Ministerial Statement J- 2021 | Quebec | |
| Premier’s Letter, June 15, 2022 | British Columbia | |
| Order in Council 317/2022 | Alberta | |
| Policy Declaration by Premier, October 27, 2022 | New Brunswick | |
| Premier’s Policy Announcement, October 27, 2022 | Manitoba | |
| Ministerial Policy Announcement, December 19, 2022 | Saskatchewan | |
| Bill C-19, 2022 | Federal | Prohibits “condoning, denying or downplaying the Holocaust.” |
| ELECTION-RELATED | ||
| Bill 2, 2016 | Ontario | Imposes $600,000 limit on third-party political advertising during 6-month period before elections. |
| Bill 254, 2021 | Ontario | Extends pre-election ban on third-party political advertising to 12 months. |
| https://www.ontario.ca/laws/statute/s21031Bill 307, 2021 | Ontario | Reintroduced 12 month ban on third-party pre-election political advertising, invoking override provision of Canadian Charter of Rights and Freedoms Struck down by Ontario Superior Court. |
| Bill C-76, 2018 | Federal | Broadens proscription of knowingly making false statements about candidates during federal elections by removing “knowingly.” Ruled unconstitutional by Ontario Superior Court. |
| Bill 5, 2018 | Ontario | Reduced the number of electoral districts from 47 to 25 in the middle of Toronto’s 2018 municipal election, obstructing Torontonians’ ability to make informed voting decisions. |
| CAMPUS SPEECH | ||
| Directive: Free Speech on Campus, 2018 | Ontario | Requires all Ontario colleges and universities to develop a free speech policy based on the University of Chicago Statement on Principles of Free Expression |
| Directive: Campus Free Speech, 2019 | Alberta | Directs universities and colleges to adopt the Chicago Statement or to develop their own policies compliant with the Chicago Principles. |
| Policy: Student Choice Initiative, 2019 | Ontario | University and college student fees for student union publications made optional, undermining their viability. Quashed by Ontario Divisional Court |
| Bill 32, 2021 | Quebec | Requires universities to adopt academic freedom policies and create committees to oversee their enforcement and to report annually. |
| AG-GAG | ||
| Bill 27. 2019 | Alberta | Prevent journalists, whistleblowers, and concerned citizens from documenting the conditions of animals on farms or in transport trucks by prohibiting entry to land or enclosed spaces where animals are kept |
| Bill 156. 2020 | Ontario | |
| Bills 120 & 124. 2020 | Prince Edward Island | |
| Bill 62. 2021 | Manitoba | |
| ANTI-SLAPP | ||
| Bill 52, 2015 | Ontario | Provides timely and inexpensive mechanism for defendants in legal actions designed to stop them from speaking on matters of public interest to have the action dismissed. |
| Bill 2. 2019 | British Columbia | |
| MISCELLANEOUS | ||
| Bill C-86, 2018 | Federal | Amends Income Tax Act to allow registered charities to conduct non-partisan “political dialogue and development activities” consistent with their charitable purposes |
| Canada Summer Jobs Program, 2018 | Federal | Limited not-for-profit organizations’ eligibility for student summer job funding to those whose policies affirmed respect for individual human rights including reproductive rights, making ineligible any groups with pro-life policies. |
| Bill 100, 2019 | Ontario | Required gas retailers to put stickers on pumps reading, “The Federal Carbon Tax will cost you.” Ruled unconstitutional by Ontario Superior Court. |
|
Proclamation Declaring Public Order Emergency, 2022
|
Federal | Federal government invoked Emergencies Act to end truck protest blockades across Canada.– included measures to prohibit public assembly, remove vehicles, prohibit use of property to support or fund the blockade, and authorized RCMP to enforce municipal and provincial laws. |
| Bill 96, 2022 | Quebec | Prohibits use of English in numerous settings and restricts access to education in languages other than French. Creates private right of action for all Québec residents to seek injunctive relief or damages against non-compliant businesses. |
| ONLINE CONTENT | ||
| Bill C-36, 2021 | Federal | Reinstituted hate speech prohibition in Canadian Human Rights Act, Died when federal election called. |
| Bill C-26 | Federal | |
| PROTEST | ||
| Bill 43, 2016 | Newfoundland & Labrador | Prohibit protests or comments regarding abortion within given radius of health care centres. |
| Bill 92, 2016 | Quebec | |
| Bill 163, 2017 | Ontario | |
| Bill 9, 2018 | Alberta | |
| Bill 242 2020 | Nova Scotia | |
| Bill 1, 2020 | Alberta | Prohibits willfully entering, damaging, obstructing, interrupting, or interfering with “critical infrastructure,” [including, highways, railways, oil sands sites or mines, hospitals, and health care facilities]. |
| Bill C-3, 2021 | Federal | Criminalizes [a] intimidating people obtaining health services, health professionals, or other staff supporting health workers; [b] obstructing or interfering with another person’s lawful access to health services. |
| Bill 105, 2021 | Quebec | Provincial laws prohibit demonstrations and protests around health service facilities where Covid-19-related services are being performed |
| Bill 20, 2021 | British Columbia | |
| Bill 48, 2021 | Saskatchewan | |
| Bill 11, 2021 | Nova Scotia | |
| Bill 51, 2022 | Newfoundland & Labrador | |
| RELIGIOUS FREEDOM | ||
| Bill 21, 2021 | Quebec | Prohibits public servants [including public transit operators, teachers, prosecutors, police officers, health care providers] from wearing religious symbols, particularly face coverings, while performing their functions. |
| WHISTLEBLOWER PROTECTION | ||
| Bill 87, 2016 | Quebec | Provincial laws to afford protection for whistleblowers. All have major gaps that leave whistleblowers vulnerable. |
| Bill 25, 2017 | Prince Edward Island | |
| Bill 5, 2018 | Manitoba | |
| Bill 28, 2018 | British Columbia | |