What is the effect of the LAEA amendments on teachers' freedom of expression?
Alberta, Canada
The following excerpt is from Baier v. Alberta, 2006 ABCA 137 (CanLII):
The chambers judge found the LAEA amendments amounted to a total ban on teachers’ expressive rights. She concluded at para. 86 that the test in Irwin Toy v. Quebec (Attorney General) (1989), 1989 CanLII 87 (SCC), 58 D.L.R. (4th) 577 (S.C.C.) was met: The political expression engaged by running for office as a school trustee clearly falls within the scope of the s.2(b) guarantee. When assessed from the stand point of freedom of expression, it is apparent that the effect of the LAEA Amendments is to restrict a form of expression; that is, running for election as a school trustee.
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