Ross Nasseri succeeds on behalf of PEN Canada

Posted on: February 19, 2021

Today, in Canadian Constitutional Foundation v. Canada, Justice Davies found that amendments to s. 91 of the Canada Election Act violated free expression rights under s. 2(b) of the Charter and could not be saved under s. 1. Her Honour’s reasons focused on the issue of intent and the problematic nature of having criminal liability for publishing false political speech regardless of whether or not this is done knowingly. Her Honour ordered that the provisions at issue are of no force and effect.

This is a tremendous victory for the CCF and for Ross Nasseri’s client, the intervener, PEN Canada, which supported the CCF’s challenges. Justin Nasseri acted for PEN Canada in the application. You can read about the case and our involvement here and here.