CALGARY, AB: The Justice Centre for Constitutional Freedoms announces that the Alberta Court of King’s Bench has quashed the University of Lethbridge’s decision to cancel a campus lecture by Dr. Frances Widdowson, marking a major victory for freedom of expression on university campuses. The Court found that the university erred in law by failing to consider the Charter-protected freedom of expression, calling its decision “fundamentally and fatally flawed.”
The case arose after the university cancelled Dr. Widdowson’s February 1, 2023, lecture, “How Woke-ism Threatens Academic Freedom.” Philosophy professor Dr. Paul Viminitz had invited her to speak, and the university had approved the event. After receiving demands from some faculty, students, alumni, and members of the public to cancel the lecture, university president Mike Mahon reversed course and cancelled the event, citing concerns about potential harm to members of the campus community.
Dr. Widdowson is a former tenured professor at Mount Royal University, where she taught in the Department of Economics, Justice, and Policy Studies until her position was terminated in late 2021. Her research examined public policy concerning indigenous people, including the causes of socioeconomic disparities between indigenous and other Canadians. She has also criticized the impact of identity politics on academic freedom and open inquiry.
The planned University of Lethbridge event was to feature a 40-minute lecture followed by a 40-minute question-and-answer period open to students, faculty, and members of the public.
Despite the cancellation, Dr. Widdowson attempted to deliver her lecture in the university atrium, where a large counter-protest drowned her out with shouting, chanting, and drumming.
With help from the Justice Centre, Dr. Widdowson and Mr. Pickle filed a constitutional challenge against the university on July 26, 2023.
Justice C.D. Simard rejected the university’s attempt to characterize the cancellation as merely a room-booking decision. The Court found that the university was “knowingly involved in regulating students’ freedom of expression on campus” and that this was a “governmental act subject to the Charter.”
The judgment also affirmed that freedom of expression protects audiences as well as speakers. Justice Simard found that Mr. Pickle’s section 2(b) rights included “the right to be able to attend and listen to what was said at the Event.”
The university had adopted a free-expression policy committing itself to “free and open critical inquiry” and guaranteeing “the broadest possible latitude to speak, write, listen, challenge and learn.” That policy also stated that disagreement or discomfort did not justify shielding students from ideas or opinions.
Nevertheless, university officials cancelled the lecture after receiving a large volume of opposition. The university acknowledged that it was limiting freedom of expression but did not expressly consider the Canadian Charter of Rights and Freedoms in reaching its decision.
Justice Simard wrote that “the facts of this case fall squarely” within binding Supreme Court of Canada precedent.
The Court ruled that the university’s failure to recognize and analyze the Charter rights at stake was a “fundamental and fatal” error.
“The university erred in law by not expressly considering and mentioning the Charter in making the Decision,” Justice Simard concluded.
Justice Centre President John Carpay said, “Past Justice Centre court victories have established that the Charter protects freedom of expression on university campuses in Alberta. This decision affirms that principle and the constitutional requirement that universities meaningfully consider freedom of expression when making decisions affecting expressive activities on campus.”
He continued, “This judgment confirms that a public university cannot evade the Charter by pretending that censorship is merely a room-booking decision. Universities exist to promote learning through debate, open inquiry, and the exchange of ideas. They cannot silence a speaker simply because activists demand it or some members of the campus community find her ideas offensive.”
Because the scheduled event date passed more than three years ago, the Court declined to order the university to host the lecture.
The issue of legal costs remains outstanding. The Court has given the parties 45 days to reach an agreement or provide written submissions.
The Justice Centre funded the constitutional challenge brought by Dr. Widdowson and Mr. Pickle.
The Justice Centre is Canada’s leading civil liberties organization defending Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.
