What Can—and Can’t—Be Said in a Free Society?
Free speech is a cornerstone of any democratic society. In Canada, the Charter of Rights and Freedoms protects our right to express thoughts, beliefs, and opinions, even when they are unpopular or controversial.
But not all speech is protected equally.
There is a legal and moral boundary between speech that contributes to public discourse and speech that causes harm — especially when it crosses into harassment, intimidation, or hate.
Understanding the difference is key to ensuring that laws like bubble zone bylaws uphold free expression while shielding vulnerable communities from targeted abuse.
What the Charter Protects
Section 2(b) of the Canadian Charter guarantees freedom of expression, which includes:
- Spoken and written words
- Symbolic acts and protests
- Art, music, and satire
- Political and religious expression
Importantly, Canadian courts have ruled that even offensive or disturbing speech can be protected. But this protection is not absolute.
Where Free Speech Ends: The Limits of Protection
Under Section 1 of the Charter, rights can be limited if those limits are reasonable, prescribed by law, and demonstrably justified in a free and democratic society.
That’s where hate speech laws come into play.
What Is Hate Speech?
Hate speech is not simply offensive speech. It’s speech that:
- Expresses detestation and vilification of a group
- Incites hatred against people based on race, religion, ethnicity, sexual orientation, gender identity, disability, or other protected characteristics
- Promotes discrimination, violence, or hostility toward marginalized communities
This is enshrined in Section 319(2) of the Criminal Code, which prohibits the willful promotion of hatred against identifiable groups.
It’s a high threshold — and rightly so. But once crossed, the speech loses its constitutional protection.
Examples That Cross the Line
- A protester yelling slurs at patients outside a synagogue or clinic
- Signs that accuse minority communities of conspiracies or diseases
- Organized campaigns that aim to intimidate rather than persuade
These are not expressions of opinion — they are targeted acts of hostility.
And when they happen repeatedly, in close proximity to vulnerable spaces, they cause real harm: fear, trauma, and in some cases, violence.
Bubble Zones Are Not Censorship — They Are Safeguards
Bubble zone bylaws are often mischaracterized as suppressing speech.
In reality, they:
- Do not ban specific messages or beliefs
- Do not restrict protest everywhere — only within a defined zone
- Do not penalize individuals for lawful expression in public spaces
Instead, they create a buffer that protects the dignity and safety of people accessing services or entering cultural and religious spaces — many of whom are already at heightened risk of harassment.
By focusing on location and behavior, not message content, bubble zone bylaws remain content-neutral and constitutionally sound.
The Courts Agree
In Saskatchewan (Human Rights Commission) v. Whatcott (2013), the Supreme Court of Canada ruled that laws could restrict expression only when it “exposes or tends to expose” a protected group to hatred.
The Court emphasized the importance of distinguishing between:
- Speech that promotes discussion and disagreement
- Speech that dehumanizes and endangers
Bubble zones are designed to minimize the latter — without stifling the former.
Speech with Responsibility
In Canada, free speech carries social and legal responsibilities. We protect the right to dissent — but not the right to harass. We defend expression — but not when it becomes a weapon.
Bubble zones are part of this balance: ensuring freedom while preventing harm.
✅ Take Action: Defend Real Free Speech, Stop Targeted Harassment
True free speech does not require shouting in someone’s face or blocking the entrance to a place of worship. It doesn’t require the ability to traumatize others in the name of “dialogue.”
It requires civility, respect, and boundaries.
Support bubble zone bylaws that uphold this Canadian tradition. Write your Mayor, City Councillors and Members of Provincial Parliament and Visit BubbleZones.ca to learn more, access legal resources, and advocate for respectful public discourse — where all voices can be heard, and no one is silenced by fear.
