VANCOUVER, BC: The Justice Centre for Constitutional Freedoms announces that lawyers have filed reply submissions at the British Columbia Court of Appeal in an important free speech case arising from the cancellation of a student event at the University of British Columbia (UBC).
The case stems from UBC’s 2019 cancellation of a student-organized event titled “Understanding Antifa Violence,” which was to be held at UBC’s Robson Square campus. The event was cancelled after UBC cited emotional safety concerns, without providing the student organizers an opportunity to address those reservations.
The appeal concerns a 2024 decision of the Supreme Court of British Columbia that struck the students’ Charter claims against the Province as “bound to fail,” including on the basis that the Charter does not apply to UBC. Lawyers funded by the Justice Centre say the case raises serious constitutional questions that should be examined fully by the court.
The replies state that neither the Province nor UBC can avoid Charter scrutiny simply by pointing to universities’ historic independence from government. The issue is whether universities remain independent today, or whether they now function as part of government. The Province exercises control through a regulatory system known as the “Accountability Framework,” yet courts have never considered whether this system renders universities accountable to the Province.
Lawyers contend that constitutional accountability turns on facts, not labels, and that courts must examine the real degree of government control, funding, and involvement before deciding whether Charter protections apply or whether governments can be insulated from responsibility when rights are infringed.
On appeal, the students need only show that it’s reasonable to argue the Charter applies to B.C. universities. The Province and UBC, by contrast, must show the claim clearly cannot succeed.
Constitutional lawyer Glenn Blackett said, “The Province and UBC claim our arguments that the Charter applies to UBC are ‘hopeless’ but, ironically, they don’t really refute our arguments.”
“How can an argument be ‘hopeless’ but too scary to touch?” he added.
The British Columbia Court of Appeal has scheduled oral argument in the appeal for April 20, 2026.
