What is the test for "freedom of expression" in the context of personal belongings?

British Columbia, Canada


The following excerpt is from R. v. Sharpe, 1999 BCCA 416 (CanLII):

Freedom of expression plays an important role in this case. The personal belongings of an individual are an expression of that person's essential self. His or her books, diaries, pictures, clothes and other personal things are intertwined with that person's beliefs, opinions, thoughts and conscience. In Ford v. Quebec (Attorney General), 1988 CanLII 19 (SCC), [1988] 2 S.C.R. 712, dealing with the right of people to use the language of their choice, it was held that "freedom of expression" should be broadly interpreted. The court said, at p.749: It is also the means by which the individual expresses his or her personal identity and sense of individuality. That the concept of "expression" in s.2(b) of the Canadian Charter and s.3 of the Quebec Charter goes beyond mere content is indicated by the specific protection accorded to "freedom of thought, belief [and] opinion" in s.2 and to "freedom of conscience" and "freedom of opinion" in s.3. That suggests that "freedom of expression" is intended to extend to more than the content of expression in its narrow sense.

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