Feature Story

September 2008

A Right to Demonstrate? The Freedoms of Expression and Peaceful Assembly

The freedom to meet with others and express an opinion is fundamental to the democratic system. Without it, the public would not be able to voice their opinions and hold the government and public officials accountable for their actions.

However, even in Canada there are limits. Acting in the name of an idea or of a cause does not allow a person to attack the freedom of others. The recent events which took place in Montréal-Nord are a brutal reminder of the distinction between joining a demonstration and participating in a riot.

Charter rightS

Although the freedoms of expression and peaceful assembly have historically been fundamental rights, they are now protected by both the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms.

“Freedom of expression” refers to the attempt to communicate a message or to convey meaning. When we think of expression, we often think of speech, but it is important to note that things such as news media, art, music, and picketing are also considered to be a form of expression.

“Freedom of assembly” means the right of people to meet for a purpose. This includes public parades, demonstrations and meetings to protest government actions and to promote ideas.

These rights protect a citizen’s ability to voice her concerns through expressions or public assemblies, without government interference.

With limits

This does not, however, mean that the government cannot stop you under any circumstances. The government can limit the exercise of these rights when it is reasonable and justified in a free and democratic society. For example, your expression cannot be hate speech. People cannot gather with the purpose of destroying property, and violence cannot be justified by the freedoms of expression or assembly.

For this reason, the Criminal Code forbids unlawful assemblies, riots and mischief. An “unlawful assembly” is when a group of people cause fear or disturb the peace. For example, it is against the law for demonstrators to occupy a building or to hold a demonstration despite a court order forbidding them from doing so. A “riot” is another form of unlawful assembly. However, a riot implies actions that are more disorderly and violent. “Mischief” occurs when a person damages or does not allow others to use public or private property.

To say what we think and to meet in order to share ideas are both legitimate and even essential actions. But there is a difference between demanding change and destroying property, between denouncing someone and scaring others, and between condemning actions or spreading hatred. Our laws distinguish between these to protect what we say and who we say it to. The rights of someone speaking end where the listener’s rights begin.