Forms of Expression and Platforms of Publication

• Author: David A. Potts; Erin Stoik
• Pages: 103-110

103

 12

Forms of Expression and Platforms of Publication

LEGISLATION

“Expression” is def‌ined in the Courts of Justice Act, RSO 1990, c C.43 as follows:

Def‌inition, “expression”

137.1(2) In this section,

“expression” means any communication, regardless of whether it is made ver-

bally or non-verbally, whether it is made publicly or privately, and whether or

not it is directed at a person or entity.

The Supreme Court of Canada and the Ontario Court of Appeal consider

this def‌inition to need no amplif‌ication and have held that it is to be broadly

construed.

1704604 Ontario Ltd v Pointes Protection Association, 2020 SCC 22 at para 25:

[25] . . . what does “expression” mean? The term “expression” is def‌ined

broadly in s. 137.1(2) of the CJA itself: “In this section, ‘expression’ means any

communication, regardless of whether it is made verbally or non-verbally,

whether it is made publicly or privately, and whether or not it is directed at a

person or entity.” This is not in need of further clarif‌ication, as the text makes

it abundantly clear that “expression” is def‌ined expansively.

See also 1704604 Ontario Ltd v Pointes Protection Association, 2018 ONCA 685

at paras 39 and 52:

[39] The word “expression” is def‌ined broadly in s. 137.1(2) as:

[A]ny communication, regardless of whether it is made verbally or

non-verbally, whether it is made publicly or privately, and whether or

not it is directed at a person or entity.