In the second part of our brief, we looked at two types of problems related to knowledge, science, scientific freedom and academic freedom. The first concerns the protection of institutions of knowledge, and the second will be presented by Jean‑François Gaudreault‑DesBiens.

We consider that the institutions of knowledge are essential components of constitutional democracy. They play a fundamental role in the development of and access to science as a common public good and a component of cultural life. We believe that this is based on the articulation of a set of rights, including freedom of research, academic freedom, the right to education, freedom of expression and, of course, science. As some people have said previously, science and scientific and academic freedoms are under numerous attacks worldwide. They could take the form of ideological attacks, disinformation, harassment and so on.

Drawing inspiration from the document entitled “Report on the right to participate in science”, we recommend that the Parliament of Canada and the Government of Canada, in the standards they establish and the actions they take, recognize science, institutions of knowledge, and scientists as essential components of Canadian constitutional democracy, in order to strengthen their protection, in line with Canada's international commitments. The recognition of the autonomy of these institutions vis‑à‑vis the government can be embedded in their respective founding laws. Furthermore, such laws may, to some extent, be protected from untimely political interventions by requiring a reasonable qualified majority for amendments—which is known in constitutional law as a “manner and form” requirement—without this constituting an unconstitutional abdication of parliamentary sovereignty.

We also recommend that the Parliament of Canada and the Government of Canada adopt a human rights-based approach to science in their standards and public policies, addressing all aspects related to science and consider science as a public and common good, including the right to participate in science and access scientific progress. For public authorities, this entails respecting, protecting, and promoting the right to academic freedom and research freedom.

We also propose that in the founding laws of federal institutions of knowledge, such as Statistics Canada, and in those that help guide the work of government scientists, such as the Public Service Employment Act, the government and the Parliament of Canada recognize the right to know and the right to scientific freedom, including by reducing the duty of loyalty imposed on scientists working in the government. This will allow them to more freely report scientific evidence with a view to the common good.

Finally, all federal institutions involved in the funding of research, arts and creation should ensure, both in the development of their policies and their implementation, that they always respect scientific or artistic freedom and, where applicable, academic freedom—

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