Episode 08 : Freedom of Expression with Professor Richard Moon

Freedom of Expression with Professor Richard Moon Freedom of expression is the lifeblood of a free and democratic society. It protects our right to speak, to create art, and to protest. But does this fundamental protection extend to the right to sell a product?   In this episode, Professor Richard Moon, a leading scholar on freedom of expression and freedom of religion, takes us through the landmark 1989 decision Irwin Toy Ltd. v. Quebec, which shaped the very definition of expression in Canada. From protecting commercial advertising to setting limits on hate speech, from the “contextual approach” to compelled speech, Professor Moon explains how the Court’s broad definition means almost all significant analysis occurs under Section 1, and why that matters for every Charter case. EPISODE CONTENT The Facts: Quebec’s Ban on Advertising to ChildrenIn the late 1970s, Quebec passed strong consumer protection laws banning commercial advertising directed at children under 13 years of age. Irwin Toy, a toy company, challenged this law, arguing it restricted their freedom of expression. The case forced the Supreme Court to answer foundational questions: Does the Charter protect any activity that conveys meaning, even a commercial sales pitch? And is protecting children a sufficient reason for the government to silence that expression?   What is Freedom of Expression?“It’s the freedom to express oneself in the public world,” Professor Moon explains. The Court in Irwin Toy defined it broadly: “Any act that is intended to convey meaning to an audience is an act of expression.” This protects a communicative relationship between speaker and audience — “not just leave me alone, don’t interfere with me State. It is here is a relationship that the State should not interfere with.”   The Parking Lot ExampleTo illustrate how broadly the Court defined expression, Professor Moon points to their famous example: “If I object to how parking spaces are allocated and, in order to protest that, I park my car against the rules — that’s an act of expression, because I’m intending to convey a message.”…