Lesson 6 — Activity 3: What Are Reasonable Limits?

Is it not a contradiction to guarantee the right of freedom of speech but punish an individual for making a racist comment? The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it, but it also states that they are subject to such reasonable limits that can be justified in a free and democratic society.

The term reasonable, simply means that it is appropriate or fair in a certain situation.

Reasonable limits take into account all aspects of a situation or set of circumstances. Think about a school. Why are dress codes in place? Should students be able to wear whatever they want? What if someone came to school in a T-shirt with a racist comment on it? If Canada's Charter guarantees freedom of speech, why is swearing considered unacceptable in school?

Schools put limits on these freedoms to reflect what are considered to be the acceptable norms of Canadian society and to try to change the behaviours of people to reflect the type of society Canada is working towards.

Some individuals might view school rules as adults trying to control the behaviour of youth, but reasonable limits go well beyond the school. How many fast food restaurants insist their employees wear uniforms? You may be guaranteed freedom of speech, but if you even jokingly make comments that are put-downs of others or have sexual overtones at work, you can be accused of harassment.

Clearly stated in the Charter is that:

“The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.”

This means that you have rights, but it does not mean that you are free to do whatever you want. Although you have rights, certain limits are placed on these rights. Rights can conflict, and if people were able to say whatever they wanted, the Charter would not work.

Self-check!