What is the current state of the law on freedom of expression in the public service?

Alberta, Canada


The following excerpt is from Alberta v Alberta Union of Provincial Employees, 2021 CanLII 56919 (AB GAA):

Taking a look through the freedom of expression/public service cases cited by Counsel for the Union, they concern criticisms of policies, whistleblowing, etc., rather than public criticisms of individuals personally: The start point for these issues was provided by Counsel for the Union in paragraph 41 of the Union Brief: see Fraser v. Canada, 1985 CanLII 14 (SCC), [1985] 2 SCR 455. For public servants, the freedom of expression provided under the Canadian Charter of Rights and Freedoms, Part 1 of the Constitution Act, 1982, the freedom to express public criticism of government policies is restricted by the common law duty of loyalty (to their employer). There are essentially three exceptions to the duty of loyalty for a public service employee when speaking publicly. These are if a government is engaged in (1) illegal acts; (2) policies that jeopardize the life, health or safety of the public, or (3) if the criticism is of no impact on the employee's ability to effectively perform his or her duties.

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