By: Stephanie McDonald and Baljinder (Bal) Singh Tiwana
Free speech is a cornerstone of democracy. It empowers people to share ideas, voice their opinions, challenge ideas, engage in open debate and find truth. But in the workplace, that freedom has limits. If your words clash with company policies or harm your employer’s reputation, the consequences can be serious.
What Gives You the Right to Speak Freely?
Section 2(b) of the Canadian Charter of Rights and Freedoms (the Charter) protects:
“..freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication..”
This is your constitutional right to free expression—but it doesn’t apply everywhere.
The Charter Only Applies to Government
Section 32(1) of the Charter confirms that the Charter only applies to government actions.
This includes:
- Federal, provincial, and territorial governments
- Crown corporations e.g. Crown Corporations
- Government departments
- Government officials acting in their official capacity
The Charter Does Not Apply To:
- Private businesses or corporations
- Private individuals
- Non-governmental organizations
So if you work in the private sector, the Charter generally does not protect your speech at work.
Free Speech Isn’t Without Exceptions
Even where the Charter applies, free speech isn’t absolute.
Under Section 1 of the Charter, your rights can be limited by a government employer if the restriction is “reasonable” and “demonstrably justified in a free and democratic society.”
Hate Speech Is a Clear Limit
The Criminal Code of Canada prohibits many forms of hate speech.
The Supreme Court of Canada supports this limit. Speech that promotes hatred against an identifiable group is not protected speech under the Charter.
So yes—free speech can be limited where hate begins.
Which Workplaces Must Respect Free Speech Rights?
Only government-connected workplaces must uphold your Charter rights. This includes:
- Federal/provincial departments
- Municipal governments
- Public schools and universities (funded by the gov)
- Public hospitals (publicly funded healthcare system)
- Crown corporations
- Organizations performing a government function
Private Workplaces Are Different
In the private sector, the Charter generally does not apply.
Your employer can lawfully regulate your speech through workplace policies and employment contracts.
But that’s not the end of the story.
Human Rights Laws May Still Apply
If your expression connects to a protected ground, like religion, race, or gender, your employment may be protected under human rights legislation.
Example:
An employee posts:
“As a Christian, I believe life is sacred and only God should decide when it ends. I do not support medically assisted dying.”
The employer disciplines the employee, citing political tension and reputational risk.
But the comment reflects a sincerely held religious belief—a protected ground. Therefore, disciplining or terminating the employee in this example may amount to discrimination under human rights legislation.
Expressing Political Views at Work
In private workplaces, political speech is generally not protected under the Charter.
Employers may restrict the public communication of political views under limited circumstances.
However, if your political expression intersects with a protected ground (e.g., religion), it may be protected by human rights law. Thus, disciplinary action by your employer could constitute discrimination against your religious belief.
Still, protection isn’t automatic. Each case must be assessed on a case-by-case basis.
Navigating Disciplinary Action or Termination
If you’re disciplined or fired for expressing a political view, the Charter won’t help—unless your employer is part of the government.
They key thing is making sure your employer pays you a fair amount of notice, severance pay or reasonable notice. Just because you are terminated for something you said, doesn’t mean your employer will be able to establish just cause or that they don’t owe you severance. That’s why it’s crucial to have any termination documents reviewed by counsel as soon as possible.
Beyond your severance entitlements, you may have a claim for damages under human rights law if your expressed view is tied to a protected ground.
To build a case:
- Prove your belief is sincerely held
- Show the connection to a protected characteristic
Even then, the employer can impose discipline or terminate your employment if your speech causes:
- Harassment
- Hostility
- Disruption
- Reputational damage
Bottom line
Context matters. The law protects genuine rights, not just any personal opinion.
Conclusion
Free speech is a fundamental right—but it doesn’t give you a free pass to say as you please at work. In Canada, the Charter protects expression only from government interference. In the private sector, your words can carry severe consequences, especially if they conflict with workplace policies or company image.
However, if your expression is rooted in a protected ground—like religion, race, or disability—human rights laws may offer a legal safeguard. But protection isn’t automatic. Every situation is fact-specific, and context is key.
Before speaking out in the workplace, know your rights—but also understand your responsibilities. When in doubt, seek legal advice from Workplace Sage Legal to navigate the line between free expression and professional risk.
DISCLAIMER: This article/blog is provided for educational/informational purposes only. The views expressed are solely those of the author(s) and should not be attributed to any other party not listed as the author(s).
While reasonable efforts have been made to ensure the accuracy of the content provided, it does not constitute legal advice. Prior to relying on any aspect of this article, you should consult with a suitably qualified legal professional promptly in your relevant jurisdiction, to obtain advice tailored to your individual circumstances
Nothing in this article should be interpreted as forming a solicitor-client relationship or construed as a solicitation for legal services.
