VANCOUVER, BC: The Justice Centre for Constitutional Freedoms announces that lawyers funded by the Justice Centre will appear before the British Columbia Court of Appeal on April 20, 2026, to present oral arguments in a significant appeal concerning freedom of expression on university campuses.
The upcoming hearing marks an important next step for the student organizers from the UBC Free Speech Club, who are appealing a 2024 ruling that dismissed their Charter arguments before they could be fully heard. For the first time, the Court will consider in detail whether publicly funded universities must respect Charter freedoms.
The case arises from the 2019 cancellation of a student-organized event at the University of British Columbia featuring journalist Andy Ngo. The event was cancelled by the university after concerns were raised about safety, without giving organizers an opportunity to address those concerns.
In May 2024, the Supreme Court of British Columbia ruled that the students’ Charter arguments were “hopeless,” concluding that the Charter does not apply to universities in this context. The students have appealed that ruling, arguing that modern universities operate with significant government involvement and should therefore be bound by constitutional protections for free expression.
The Court will now examine whether that earlier ruling was correct, in a hearing that could revive the students’ Charter claims and clarify whether universities can be held accountable for restricting speech.
Constitutional lawyer Glenn Blackett said, “In 1990, the Supreme Court of Canada found so little government involvement with universities that the Charter did not apply. Things have changed.”
“Governments are now heavily involved. The Charter says it applies to government activity. The question in this appeal becomes: are the courts listening?” he added.
The outcome of this appeal could have far-reaching implications for students, faculty, and institutions across Canada. If universities are found to fall within the scope of the Charter, they may be required to uphold freedom of expression rights on campus. If not, universities could continue operating largely outside constitutional scrutiny in this area.
The Court is expected to reserve judgment, with a written decision to be released at a later date.
