Book contents
- The Cambridge Handbook of the Right to Freedom of Thought
- The Cambridge Handbook of the Right to Freedom of Thought
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgements
- Part I Introduction
- Part II Asia
- Part III Europe
- Part IV Africa
- Part V Americas
- 18 The Right to Freedom of Thought in Brazil
- 19 The Right to Freedom of Thought in Chile
- 20 The Right to Freedom of Thought in Colombia
- 21 The Right to Freedom of Thought in the United States
- 22 The Right to Freedom of Thought in Canada
- 23 The Right to Freedom of Thought under the American Convention on Human Rights
- Part VI The Right to Freedom of Thought in Context
- Index
22 - The Right to Freedom of Thought in Canada
from Part V - Americas
Published online by Cambridge University Press: 06 March 2025
- The Cambridge Handbook of the Right to Freedom of Thought
- The Cambridge Handbook of the Right to Freedom of Thought
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgements
- Part I Introduction
- Part II Asia
- Part III Europe
- Part IV Africa
- Part V Americas
- 18 The Right to Freedom of Thought in Brazil
- 19 The Right to Freedom of Thought in Chile
- 20 The Right to Freedom of Thought in Colombia
- 21 The Right to Freedom of Thought in the United States
- 22 The Right to Freedom of Thought in Canada
- 23 The Right to Freedom of Thought under the American Convention on Human Rights
- Part VI The Right to Freedom of Thought in Context
- Index
Summary
Although section 2(b) of the Canadian Charter of Rights and Freedoms specifies the fundamental freedoms of ‘thought, belief, opinion and expression, including freedom of the press and other media of communication’, only freedom of expression has been developed by the courts. These forgotten freedoms include freedom of thought. This chapter demonstrates how Canada’s own constitutional text and history supports a new recognition of freedom of thought that would overcome a recent history of forgetting this constitutional freedom. Canada’s own constitutional case law, read creatively, contains the seeds of a framework for freedom of thought, with upcoming potential to put arguments before the courts in cases where significant litigation efforts will be made. This chapter sets how the Canadian Charter protects specific elements of the right which are mental privacy, mental liberty and mental autonomy. The contemporary debate within the present international discussion generates an intellectual atmosphere and comparative case law that can support a remembering of the forgotten freedom of thought.
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- The Cambridge Handbook of the Right to Freedom of Thought , pp. 278 - 287Publisher: Cambridge University PressPrint publication year: 2025