Question
The Supreme Court of Canada, in Montreal (Ville) v. 2952-1366 Qubec inc. ,3set out a test for what constitutes expression on government-owned property. What is
The Supreme Court of Canada, inMontreal (Ville) v. 2952-1366 Qubec inc.,3set out a test for what constitutes expression on government-owned property. What is the test. Please summarize the Court's finding. cited below:
"74The basic question with respect to expression on government-owned property is whether the place is a public place where one would expect constitutional protection for free expression on the basis that expression in that place does not conflict with the purposes which s. 2(b) is intended to serve, namely (1) democratic discourse, (2) truth finding and (3) self-fulfillment. To answer this question, the following factors should be considered:
(a) the historical or actual function of the place; and
(b) whether other aspects of the place suggest that expression within it would undermine the values underlying free expression
75The historical function of a place for public discourse is an indicator that expression in that place is consistent with the purposes of s. 2(b). In places where free expression has traditionally occurred, it is unlikely that protecting expression undermines the values underlying the freedom. As a result, where historical use for free expression is made out, the location of the expression as it relates to public property will be protected.
76Actual function is also important. Is the space in fact essentially private, despite being government-owned, or is it public? Is the function of the space the activity going on there compatible with open public expression? Or is the activity one that requires privacy and limited access? Would an open right to intrude and present one's message by word or action be consistent with what is done in the space? Or would it hamper the activity? Many government functions, from cabinet meetings to minor clerical functions, require privacy. To extend a right of free expression to such venues might well undermine democracy and efficient governance[sg1]."
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