FREEDOM OF EXPRESSION - ACCESS TO THE COURTS

Abstract

In order to assess the validity of any limitations that may be placed upon the guaranteed right of freedom of expression the courts must create a theory which broadly defines the ambits of the right. In this article American jurisprudence is examined as a guide to assist the Canadian courts informulating a theory which is compatible with Canadian societal values. Following this, access to courts, particularly by the electronic media is used as an example of how the theory will be utilized in the context of an existing limitation. This analysis points out the need to have a sound theory of freedom of expression in order to rationally and uniformly assess the acceptability of any proposed limitation.