
David Schneiderman
Professor of Law
1
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Aug 5, 2026
S2E4: Freedom of Expression and Association
15:43
15:52
16:02
16:13
16:24
16:29
16:34
26:03

Cheryl MilneHOST
How does this law limit the freedom to protest, and what requirements does the state need to meet in order to impose those limits?

David SchneidermanGUEST
As I mentioned, the Section 1 analysis invites courts to weigh government or public interests or harms to, uh, private individuals.

David SchneidermanGUEST
But Aswini said something interesting about, and I think really insightful about the state and how we might view the state and its role, preferring some forms of expression over others.

David SchneidermanGUEST
So the G20, which you've, you've mentioned, Cheryl, is a really nice example of that, where it wasn't the breaking of windows that warranted a massive police presence.

David SchneidermanGUEST
Rather, it was the fact that it was a G20 meeting and the expectation that there would be protests.

David SchneidermanGUEST
There were some twenty thousand police in attendance in the City of Toronto.

David SchneidermanGUEST
I recall in particular somebody capturing on their cell phone conversation with a police officer who said, "The charter doesn't apply here." So that was the mindset of the police who were trying to deter anyone from being anywhere near, uh, the, uh, you know, downtown Toronto was being closed down.
9 MINS LATER

Cheryl MilneHOST
I guess the, the last question I really want to ask you is about what you see as the future of protest in Canada, and, and where do you think the courts will go, um, David, and where do you think, Aswini, some of the, the issues that are the current issues of today might go? Either one of you, jump right in.