Academic Freedom

On 11 May 2024, in the predawn hours, members of the Edmonton Police Service walked onto the campus at the University of Alberta dressed in riot gear to execute the direction of the University of Alberta’s president, Bill Flanagan, that they clear away a Palestinian solidarity encampment that had been set up just two days before. Flanagan’s choice to exercise coercive force against the protestors, whose encampment was peaceful, so outraged the University of Alberta community that there were numerous calls for Flanagan’s resignation.

In January 2024, we wrote a blog post (and one of us, Blayne Haggart, wrote a companion piece) for the Centre for Free Expression raising concerns about the weaponization of antisemitism to stifle academic and political speech in the context of Israel’s ongoing genocide against Palestinians in Gaza. We wrote it in the context of the then-upcoming and now proposed Bill C-63, the Online Harms Act.

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 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.