Frequently asked questions
Freedom of expression
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What is freedom of expression?
Freedom of expression is a broad concept. It encompasses the many ways we can express our ideas and views, including through writing, speeches and the arts, as well as through activities like picketing and demonstrations.
Our freedom of expression lets us criticize things like a religion or a political stance, for instance. It protects our right to express ourselves, to produce and distribute information, and even our right to remain silent. It also protects our right to access and hear others’ ideas and views.
However, as broad as our freedom of expression may be, it is not without limits. Acts of violence, for example, or incitement to hatred are not protected by freedom of expression.
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Are there limits on freedom of expression?
Yes.
While our freedom of expression is guaranteed in all areas of life, including work, public spaces and media, it does have limits. We have the freedom to express our thoughts on religion, politics, current events and more, through diverse means like speech, music, clothing and appearance, activism and literature.
Nevertheless, freedom of expression may be restricted if it interferes with other rights, such as if it promotes discrimination or damages someone’s reputation.
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What is the difference between freedom of opinion and freedom of expression?
Freedom of opinion means we are free to think whatever we want, holding private opinions that are entirely our own. We can share the same views as other people, or hold different opinions.
Our freedom of opinion does not have limits.
Freedom of expression, on the other hand, is about sharing those opinions. Our freedom of expression has limits if it interferes with other rights, like if it damages someone’s reputation, for example.
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Does an employee dress code that prohibits colourful hair dye or facial piercings infringe on freedom of expression?
Yes, it can.
Employers cannot dictate their staff’s appearance, including tattoos, jewellery, clothing, and other forms of self-expression, unless they can demonstrate that it:
- harms business
- harms employee health or safety
- harms public health or safety.
Generally speaking, our physical appearance is our own, and the image we choose to project is a personal choice protected by our Charter rights, including freedom of expression and the right to privacy. This means that employers must provide a valid reason for implementing a dress code. For instance, an employer could demonstrate that, for health reasons, a nurse needs to cover their beard when performing specific tasks.
A dress code must never be discriminatory. For example, it cannot require gender-specific clothing or other appearance standards.
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Are the rules for freedom of expression different online?
No. Freedom of expression has the same rules online as it does offline. Whether communicating through social networks, email or other online platforms, everyone in Québec is protected by Québec law, so the same limits on freedom of expression apply.
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Can I require my employees to speak French at work?
Freedom of expression gives us all the right to choose our language. Under Québec law, you can require your employees to use French for work-related tasks, but you cannot dictate what language they speak during personal time, like breaks.
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Can freedom of expression justify discriminatory harassment?
No, freedom of expression cannot be used to justify discriminatory harassment. Harassment based on “race”, ethnic or national origin, gender identity, or any of the other 14 personal characteristics protected under the Charter is never acceptable. When someone’s words or actions interfere with the rights of others, their freedom of expression may be restricted. (See Are there limits on freedom of expression?)
If you believe that you are experiencing discriminatory harassment, you can report the situation to the Commission by filing a complaint.
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Is academic freedom part of freedom of expression?
Yes. In an academic context, everyone has the right to express themselves freely. In fact, the Act respecting academic freedom in the university sector, which became law on June 3, 2022, specifically protects the freedom of expression of faculty members and anyone involved in the production and transmission of knowledge through research, creation and teaching activities and through services to the community. Note that this law only applies to academic institutions, such as universities.
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What happens if someone oversteps the limits of their freedom of expression?
If someone uses their freedom of expression to target your personal characteristics and prevent you from exercising your rights, you can file a complaint with the Commission, and we will assess whether we can accept it.
If we cannot accept your complaint, you may still be able to take action against the person. For example, if they have committed a crime, such as incitement of hatred, you could file a police report.
Other remedies may also be available, depending on the situation. See: Impacts for victims of offensive language.
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What changed when Mike Ward won his freedom of expression Supreme Court case?
The Supreme Court’s decision in the Mike Ward case clarified that simply being hurtful or offensive is not enough to limit someone’s freedom of expression. The Court established specific criteria to determine when language crosses the line into discrimination. These criteria must now be applied to all cases of hurtful or offensive language, regardless of which personal characteristic it targets.
The Court’s decision did not change anything about discriminatory harassment law.
Discriminatory harassment is still prohibited and can take many forms, including language, like offensive words, insults and threats, and actions, like assault, hurtful caricatures and offensive graffiti. Usually, repetition is what makes insulting comments and behaviour into harassment. But there are situations where a single serious action can constitute harassment.
Learn more: Impacts of the Supreme Court decision in the Mike Ward case.
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Can I file a complaint with the Commission to defend my freedom of expression?
If you believe your freedom of expression has been unjustly restricted, you can contact the Commission. We will:
- Assess your complaint only if your freedom of expression has been limited on the basis of one of the 14 Charter-prohibited grounds for discrimination.
OR - Refer you to the institution or court (like the Court of Québec) that can help you defend your freedom of expression, if we cannot intervene.
The Commission only accepts complaints related to discrimination, discriminatory harassment and exploitation.
Before contacting us, remember that your freedom of expression may be limited if it interferes with other rights. For example, you cannot use freedom of expression to:
- damage someone’s reputation
- encourage discrimination
- prevent someone from exercising their rights
- incite hatred.
- Assess your complaint only if your freedom of expression has been limited on the basis of one of the 14 Charter-prohibited grounds for discrimination.