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Journalism in Canada: Freedom Feature with Noé Chartier
Montreal journalist Noé Chartier describes what motivates him in his work as a reporter. Through his conversation with Barry W. Bussey, he demonstrates his balanced approach as he thoughtfully considers multiples sides to different issues. Listen in as Mr. Chartier...
Arbitration Awards Religious Exemption
The following editorial was previously published by The Lawyer's Daily. Religious or conscientious objectors to the COVID-19 vaccine have paid a high price for their principles over the last year in Canada. Many lost jobs (even when working from home) or were...
Justice Denied
The following editorial was previously published by The Lawyer's Daily, June 16, 2022. Philosopher Thomas Sowell once quipped, “You will never understand bureaucracies until you understand that for bureaucrats, procedure is everything and outcomes are nothing.”...
First Freedoms
Justice Ivan Rand, in a 1953 Supreme Court of Canada case involving religious freedom in Quebec, described “freedom of speech, religion and the inviolability of the person” as “original freedoms which are at once the necessary attributes and modes of self-expression of human beings and the primary conditions of their community life within a legal order.” We refer to these “original freedoms” as “first freedoms” (with the view that freedom of religion is a subset of freedom of conscience).
Freedom First
These freedoms are inherent and inalienable. They exist prior to the state. They can be recognized (or violated) by governments but they are not created through legislation or constitutions.
They are foundational. Other rights build on these freedoms. A functioning liberal democracy depends on free speech, freedom of conscience and religion, and respect for the inviolability of the person.
Justice and civil peace rest on the equal dignity and freedom of every human being, regardless of status, ability, political affiliation, race, age, sexuality, or creed.
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We are taking action to help Canadians discuss and defend freedom. Discover upcoming events, publications and more
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Depending on the situation, we are prepared to offer resources and provide legal support to those in need.
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Featured Initiatives
Canadian Journal of First Freedoms: Call for Papers
In 1968, then-Minister of Justice Pierre Trudeau opined that “A constitutional bill of rights in Canada would guarantee the fundamental freedoms of the individual from interference, whether federal or provincial. It would as well...
Utopian Danger: Freedom Feature with Dr. Ryan Alford
Dr. Ryan Alford, Professor at the Bora Laskin School of Law, Lakehead University, joins Dr. Bussey for a remarkable Freedom Feature discussion, recorded on February 23. Author of Seven Absolute Rights: Recovering the Historical Foundations of Canada's Rule of Law...
Freedom Feature: Interview on Bill C-4
Why is Canada's new Conversion Therapy Bill so problematic? Listen as Barry discusses concerns around Bill C-4 with Dr. Don Hutchinson and Dr. Iain Provan. Bill C-4, An Act to Amend the Criminal Code (Conversion Therapy), went through the Parliament of Canada in...
Legal Cases:
Case Comment: Aga v. Ethiopian Orthodox Tewahedo Church (2021)
The Supreme Court Got It Right in Extending The Wall Barry W. Bussey (note that an abbreviated version of this case comment was previously published by The Lawyer's Daily) In free and democratic societies, membership in a religious community is premised on freedom:...
Case Comment: Trinity Western University (2018)
Law Matters but Politics Matter More: The Supreme Court of Canada and Trinity Western University The following case comment was originally published in the Oxford Journal of Law and Religion 2018 7(3) Barry W. Bussey[1] The law on religious accommodation in Canada has...
Case Comment: Loyola High School (2015)
The following is extracted from my chapter "Human Dignity Found in Religious Community," in The Inherence of Human Dignity Vol. 2: Law and Religious Liberty, edited by Barry W. Bussey and Angus J. L. Menuge (Anthem Press, 2021). In 2008 the province of Quebec...
Featured Upcoming Events:
November 2022: Diefenbaker Freedom Lecture
First Freedoms will host our first annual lecture series in November 2022, addressing current topics related to one or more of the original freedoms. We welcome presentations from scholars and experts in their field whose work serves to advance the cause of freedom....
April 17, 2022: Canadian Charter of Rights and Freedoms
April 17, 2022 marks the fortieth anniversary of the Canadian Charter of Rights and Freedoms. This will be an important milestone to reflect on the state of freedom in Canada.
Publications:
Arbitration Awards Religious Exemption
The following editorial was previously published by The Lawyer's Daily. Religious or conscientious objectors to the COVID-19 vaccine have paid a high price for their principles over the last year in Canada. Many lost jobs (even when working from home) or were...
Justice Denied
The following editorial was previously published by The Lawyer's Daily, June 16, 2022. Philosopher Thomas Sowell once quipped, “You will never understand bureaucracies until you understand that for bureaucrats, procedure is everything and outcomes are nothing.”...
Suspension of Disbelief
Barry W. Bussey I woke up Tuesday morning to the news that the Government of Canada is “suspending” the COVID-19 vaccine travel mandates. At first glance, this is welcome news. After growing opposition from Canadians, the government has finally relented on (at least...
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Our Top Priorities
The original freedoms are inherent and inalienable. Other rights build on these freedoms. A peaceful and prosperous liberal democracy depends on free speech, freedom of conscience and religion, and respect for the inviolability of the person.
FREEDOM OF SPEECH
“Freedom in thought and speech and disagreement in ideas and beliefs, on every conceivable subject, are of the essence of our life.” (Justice Rand)
FREEDOM OF CONSCIENCE
“An emphasis on individual conscience and individual judgment also lies at the heart of our democratic political tradition” (Justice Dickson)
Inviolability of the Person
“Freedom must surely be founded in respect for the inherent dignity and the inviolable rights of the human person” (Justice Dickson)
“Freedom of conscience is the cornerstone of our most cherished freedoms. Logically, this position leads to the bold assertion that meaningful manifestations of all other civil liberties would be jeopardized if freedom of conscience were diminished.
Indeed, to remove freedom of conscience is to deal a battering-ram blow to the liberal democratic ideals that support all human rights protections. “
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