VANCOUVER, BC: The Justice Centre for Constitutional Freedoms announces that the British Columbia Court of Appeal has restored Charter claims against the University of British Columbia (UBC) by the UBC Free Speech Club and its members.
In an important procedural victory for freedom of expression, the Court of Appeal agreed with UBC that the students’ Charter arguments against the university should not have been dismissed before receiving a full hearing on the merits.
At the same time, the Court upheld the dismissal of claims against the Province of British Columbia (Province), concluding that the Province itself should not remain a defendant in the action. Instead, the Court determined that UBC, not the Province, would be responsible for paying Charter damages if the Charter is later found to apply.
The Court did not decide that UBC violated the Charter and did not determine that universities are generally subject to the Charter. Instead, the Court relied on UBC’s admission that the issues were sufficiently serious and arguable that they must be decided on a complete evidentiary record rather than dismissed at an early stage.
The ruling marks an important development for freedom of expression and constitutional accountability in post-secondary education. The decision leaves open a significant constitutional question: whether publicly funded universities exercising authority over student expression may be subject to Charter scrutiny.
The case arises from UBC’s cancellation of a 2019 student-organized event titled “Understanding Antifa Violence,” featuring journalist Andy Ngo. UBC cancelled the event approximately one month after approving it, citing concerns related to safety and the emotional and psychological well-being of members of the campus community. Students were not given an opportunity to address those concerns before the cancellation.
Lawyers funded by the Justice Centre assisted members of the UBC Free Speech Club in challenging the decision, arguing that UBC violated freedom of expression protections guaranteed under the Charter and acted contrary to its own commitments to academic freedom.
Constitutional lawyer Glenn Blackett stated, “Today’s decision is an important victory on the road to establishing constitutional protections on Canadian university campuses. The Court relied on UBC’s concession that these constitutional questions deserve to be heard fully rather than dismissed before the evidence is tested.”
Mr. Blackett continued, “I suspect UBC’s last-minute change of heart was because it feared the Court would agree with the plaintiffs that the Charter claims were not hopeless. Government is now elbows-deep in university education. Wherever the government goes, either the Constitution follows or it fails.”
The students’ constitutional claims against UBC may now proceed in accordance with the Court’s ruling.
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.
