VANCOUVER, BC: The Justice Centre for Constitutional Freedoms announces that the British Columbia Court of Appeal will release its decision on Thursday in a case arising from the cancellation of a student-organized campus event at the University of British Columbia (UBC).
The decision will not determine whether UBC was justified in cancelling the event without notice or an opportunity for appeal. Instead, it concerns a procedural issue with potentially far-reaching consequences for constitutional litigation across Canada.
The expected decision will decide whether court orders can be drafted in a way that effectively shields major constitutional rulings from appellate review. Lawyers funded by the Justice Centre argue that, because appeals are taken from court orders rather than judges’ reasons, improperly drafted orders can unjustly narrow a citizen’s right to appeal decisions.
“Major constitutional decisions should not be immunized from appeal by poorly worded orders. I hope the Court of Appeal corrects this order so the decision under appeal – that it is hopeless to claim BC universities are subject to the Charter – remains a clearly live issue on appeal,” said constitutional lawyer Glenn Blackett.
The underlying case stems from a 2019 incident in which UBC cancelled a Free Speech Club event featuring journalist Andy Ngo at its Robson Square campus, citing concerns about emotional and psychological safety. The cancellation occurred after the event had been approved and a contract signed, and without providing the organizers an opportunity to address the university’s concerns.
The Court of Appeal’s decision is expected to clarify how courts should approach the drafting of orders, including where constitutional issues have been determined and whether the order should say so.
