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Court Submission June 11, 2024

Governing Council of the University of Toronto v. John Doe et al., ONSC, Court File No.: CV-24-00720977-0000

The issue is whether the University of Toronto’s request for an injunction should be granted against the encampment on campus. The factum argues the University’s common law rights as “fee simple owner” of its property are not unlimited or absolute and do not pre-empt or extinguish the Charter freedoms of those using its property for expressive purposes, as are members of the encampment. It further argues that the Province of Ontario’s decision in 2018 to regulate campus expression transformed an area of autonomous university governance into one of Ministerial regulation and control, making the University’s actions in relation to freedom or expression and freedom assembly subject to the Charter. It also argues against the claim that immunity from the Charter is necessary to protect academic freedom. To the contrary, they are complimentary values.