Freedom Is A Fundamental Right Of Individual Autonomy

Freedom of expression has become one of the most valued features of a free and democratic society. Freedom of speech and expression are a set of valued rights that allow citizens to openly debate, political issues, political leaders, and government policies. Free flow of information is evidence of a healthy democracy. Therefore, freedom is a fundamental right of individual autonomy. However, it is very important to show contrast that there is a vast difference between the allowance of freedom of expression in in Canada, compared to free speech in the United States, where all forms freedom of speech is protected under the First Amendment of the Bill of Rights. (Tarnopolsky 1983) However, under the 1982 Canadian Charter of Rights and Freedoms under Section 2b, it states that â€Å"Everyone has the right to the following fundamental freedoms†¦ thought, belief, opinion and expression, including freedom of the press and other media communication.† (Canadian Charter of Rights a nd Freedoms, Section 2b) While section 2b is guaranteed to protect freedom of expression, it is subject to Section 1, which states that all Charter rights can be struck down within reasonable limits. The Oakes Test has been an important tool that has been used to determine whether the proportionality and rational of invoking Section 1 was done under a justifiable and positive measures that outweigh the negatives. In this essay I examine R v. Keegstra, R v. Zundel, R v. Whatcott, R v. Sharpe and R v. Butler. 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