As offensive and unkind as some found those jokes, the Supreme Court sided in a 5-4 decision with Ward, finding that the tribunal’s decision violated his Charter right to free expression. This was because, as the court reiterated, there is no right not to be offended in Canada. If the state could limit speech because it’s subjectively “offensive” or causes “emotional harm,” that would mean sanctioning censorship, undermining the very purpose of freedom of expression, the majority wrote. That purpose is “to ensure that everyone can manifest their thoughts, opinions, beliefs, indeed all expressions of the heart and mind, however unpopular, distasteful or contrary to the mainstream.”







