“Understanding Antifa Violence” event cancelled
In 2019, student members of the Free Speech Club at the University of British Columbia (UBC) organized an event, “Understanding Antifa Violence,” at UBC’s Robson Square campus. The event was to feature journalist Andy Ngo, who was himself violently attacked by Antifa members during a 2019 Antifa protest in Portland, Oregon. One month after signing the event contract, UBC cancelled the event, citing concerns about the emotional and psychological safety and security of the campus community. UBC did not provide the Free Speech Club with any opportunity to address their concerns prior to issuing the cancellation.
Demand letter issued to UBC over event cancellation and censorship
In defence of freedom of expression, the Justice Centre issued a demand letter to the President of the University of British Columbia on December 31, 2019. The letter warned that the Justice Centre would pursue legal action if the event was not reinstated. On January 8, 2020, UBC Counsel Hubert Lai responded to the letter, asserting that the event would not be reinstated because “Mr. Ngo has been the target of violence in the past” and because “the risk to persons and property was too high.”
Free Speech Club sues UBC
With help from the Justice Centre, members of the Free Speech Club sued UBC over its unreasonable decision and for violating its own commitment to academic freedom.
The Supreme Court of Canada has determined that the Charter applies to government entities and to private entities delivering government programs. The question before the Supreme Court of British Columbia was whether provincial universities are government entities or are delivering a government program. In other words, are provincial universities constitutionally obligated to protect students’ freedom of expression?
Are provincial universities government entities?
On June 4, 2024, the Court determined that provincial universities are not government entities and, when delivering post-secondary education, are not delivering a government program. And yet, the Province of British Columbia allotted nearly $7 billion in funding to provincial universities in its 2024 budget, describing provincial universities as “service delivery agents for the provision of services on behalf of the government.”
As a result of this June 2024 court ruling, universities in British Columbia remain largely immune to the Charter. Lawyers provided by the Justice Centre argue that provincial universities are delivering a government program and that the Charter must apply to them. And, consequently, if the Charter applies to UBC, its cancellation of the 2019 Free Speech Club event would likely have violated the Charter.
UBC allowed to operate in a Constitutional black hole
Lawyer Glenn Blackett stated, “It’s troubling that this massive government program, of such importance to our constitutional order, should be left to largely operate in a constitutional black hole. Wherever government is present, so too should our constitutional freedoms – including the right to speak freely and search for truth.”
Appeal launched against UBC and the Province of British Columbia
Lawyers provided by the Justice Centre have filed legal arguments in a court appeal against the University of British Columbia (UBC) and the Province of British Columbia.
This case hinges on two key questions: whether universities are bound by the Charter and required to uphold free expression, and whether the Province can be held responsible for Charter violations committed by UBC.
“It would be an unjust abuse of process to attempt to insulate a lower court decision from appeal,” said constitutional lawyer Mr. Blackett. “Appeal courts are in place to correct lower court mistakes. The lower court here obviously made several mistakes with significant Charter implications. Not only are we appealing the BC Supreme Court’s June 2024 decision, we are working hard to prevent that decision from being made ‘appeal-proofed.’”
Lawyers for the Free Speech Club have an appeal of the procedural issue scheduled for November 19, 2025, with the main appeal likely to be scheduled in early 2026.
