What is the scope of a teacher’s right to freedom of expression within the classroom of a public school system?

Prince Edward Island, Canada


The following excerpt is from Morin v. Regional Administration Unit #3 (P.E.I.), 2002 PESCAD 9 (CanLII):

This ground of appeal raises the issue of the parameters of the teacher’s right to freedom of expression within the classroom of a public school system. A citizen’s right to expression is probably the most fundamental freedom enshrined in the Charter because, unless a citizen has the liberty to express oneself openly and freely all other freedoms conferred upon individuals by the Charter may be rendered meaningless. The right to freedom of expression is the cornerstone of a free and open democracy. This principle was succinctly stated by Cory J. in Edmonton Journal v. Alberta (Attorney General), 1989 CanLII 20 (SCC), [1989] 2 S.C.R. 1326 at 1336 when he said: “it is difficult to imagine a right more important to a democratic society.” Nevertheless, the constitutional right to free speech does not give a citizen the right to say anything, anywhere and at any time.

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