The Latest

There is an ongoing debate about whether universities, when regulating speech on campus, are subject to the Charter of Rights. The Alberta Court of Appeal, in a 2020 judgment that concerned a prolife demonstration on the University of Alberta campus decided that the university was bound by the Charter and that the students had a constitutionally protected right to engage in protest. However, the courts in other provinces, including Ontario, have reached the opposite conclusion, deciding that the Charter does not apply to a university, even when it is regulating speech on campus. 

Noteworthy authors named in the following articles include Timothy Findley, Amanda Gorman, Margaret Laurence, Harper Lee, Toni Morrison, Alice Munro, John Steinbeck and many other older, classic authors.

On Thursday, Calgary Police forcibly dismantled the pro-Palestine encampment at the University of Calgary within hours of its formation. Those who advocate the same tactic at other Canadian universities, including University of Toronto, argue that an encampment is not a legitimate form of protest because it is disruptive and occupies space that should be open to all. A columnist in the Globe & Mail even argued that the encampment is not a form of expression and thus deserves no protection. 

In late 2015, Ontario’s Protection of Public Participation Act, 2015 took effect. Commonly referred to as the “anti-SLAPP” regime—a reference to the term “Strategic Lawsuits Against Public Participation” from US jurisdictions—the law quickly changed the litigation landscape in Ontario, particularly in defamation actions.  

Separating controversial human rights impacting provisions is critical