Academic Freedom

Earlier this month the University of Windsor reached an agreement with the occupants of a pro-Palestinian encampment on the university’s grounds. The agreement brought a peaceful end to the protest. Several of the leading Jewish organizations in Canada have been harshly critical of the agreement. Their principal complaints (listed 1 to 5) are that: 

Some 50 days after protestors set up a camp known as Occupy U of T, Ontario Superior Court granted the University of Toronto an injunction that ordered occupants to dismantle the site and discontinue their demonstration.

In its rush to do, and to be seen to do, something about the very real problem of foreign interference, the House of Commons hurried through — in hours — a well-intentioned but deeply flawed Bill C-70: Countering Foreign Interference Act. Under enormous pressure, it appears the Senate will do likewise today.

In spring 2024 student encampments at Canadian and US universities provoked strong reactions for and against pro-Palestinian demonstrations on campus property. While some Canadian universities called in police to disperse demonstrators, others looked to the courts for injunctions compelling students to disperse and abandon their encampments.

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. 

“I always thought that, as a researcher, if I based my arguments on rigorous research and had the facts on my side, that would be enough. Now, I’m not so sure. For the first time in my professional life, I’m afraid of the consequences for speaking out.”