UTM Students for Life v University of Toronto Mississauga Students’ Union

Back to Concluded Cases


 

UTM Students for Life v University of Toronto Mississauga Students’

Union

The University of Toronto Mississauga Students’ Union (UTMSU) refused to renew the club status of Students for Life for the 2015-16 year, effectively barring the student group from using the student centre and accessing student union resources.  As a result, in September of 2015, Students for Life could not join other campus clubs in setting up a table during clubs’ week—a key event for recruiting new members.

UTMSU had granted club status for Students for Life in the 2014-15 school year, but changed its mind specifically because of Students for Life’s “stance on Abortion”.  UTMSU’s mission statement includes a commitment “[t]o safeguard the individual rights of the student, regardless of race, creed, sex … or personal or political beliefs,” and lists “strength in diverse voices and opinions” as a “fundamental belief.”

After receiving a legal warning letter from the Justice Centre in October 2015, Russ Adade, UTMSU Vice-President, changed his previous rationale for denying club status to Students for Life, namely, the club’s stance on abortion.  Adade instead told Students for Life that the reason their club was denied status was “violations and discrepancies we found within your constitution in relation to the clubs handbook and UTMSU operational policy as it pertains to clubs.”

Students for Life immediately made the required changes to their constitution, but UTMSU has continued to deny club status, necessitating a court application.

The Justice Centre has filed a court application on behalf of Students for Life against UTMSU for violating its own rules, for acting with bias and bad faith, for breaching the rules of natural justice and procedural fairness, and for failing to respect students’ fundamental freedoms of expression and association.

On February 7, 2017, the application against the UTMSU was consolidated with the cases against the Ryerson Students’ Union and the Student Association at Durham College and UOIT.  All three cases were heard together in Toronto, January 24, 2018. A decision was released February 26, 2018, with the court dismissing all three challenges.