TORONTO: The Justice Centre for Constitutional Freedoms has filed a court action against the University of Toronto Mississauga Students’ Union (UTMSU), to defend the free expression rights of a pro-life student group that is being denied registered club status by UMTSU.
UTMSU has 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.”
“It appears that UTMSU sees diverse opinions as good for most topics, but not abortion,” stated Calgary lawyer John Carpay, president of the Justice Centre for Constitutional Freedoms.
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 court action.
Students for Life filed a court action 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.
“The actions of UTMSU have demonstrated their disregard for their own rules, and for students’ freedom of expression and freedom of association,” stated Diane Zettel, President of Students for Life.
