What is the current state of the law on the right to privacy and freedom of speech?
British Columbia, Canada
The following excerpt is from A.T. v. L.T.H., 2006 BCSC 1689 (CanLII):
Neither the right to privacy nor the freedom of speech is absolute. There are numerous examples of reasonable limits to rights and freedoms. One example relates to freedom of speech. In Fraser v. Public Services Staff Relations Board, 1985 CanLII 14 (SCC), [1985] 2 S.C.R. 455 at pp. 462-463, 23 D.L.R. (4th) 122, Dickson C.J. said for the court: "[F]reedom of speech" is a deep-rooted value in our democratic system of government. It is a principle of our common law constitution, inherited from the United Kingdom by virtue of the preamble to the Constitution Act, 1867. But it is not an absolute value. Probably no values are absolute. All important values must be qualified, and balanced against, other important, and often competing, values. This process of definition, qualification and balancing is as much required with respect to the value of "freedom of speech" as it is for other values.
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