Conclusion

• Author: Robert Martin
• Profession: Faculty of Law The University of Western Ontario
• Pages: 217-219

This book was designed to achieve two goals. First, it aims to provide

practical information, especially to working journalists. This informa-

tion is necessary for a clear understanding of stories that raise political

and legal issues. It is also essential if journalists are to avoid problems

for themselves and their employers. Second, the book seeks to raise a

number of important theoretical and social issues. Each of these issues

has some connection with the way we understand freedom of expres-

sion and the devices employed in our legal system both to protect it

and to limit it.

The most crucial of all these issues, and the starting point in any

discussion of media law, must be: Why does freedom of expression

matter? Our courts have not provided a coherent and consistent

answer to this question. Recent decisions, especially those of the

Supreme Court of Canada, are not only difficult to understand but

manifest a variety of points of view. They often contradict each other.

Indeed, it is not at all clear that the judges themselves are persuaded of

the importance of free expression. In the Keegstra1decision, for exam-

ple, then-Chief Justice Brian Dickson appeared to suggest that free

expression “values” should be accorded precedence over freedom of

expression itself. In contrast, the judgment of Chief Justice Lyman Duff

in the Alberta Press Bill decision sets out a justification for freedom of

expression that is clearly stated and well rooted socially. He said: [The]

217

Conclusion

1R. v. Keegstra, [1990] 3 S.C.R. 697.