Exploring the Charter’s Horizons: Universities, Free Speech, and the Role of Constitutional Rights in Private Legal Relations

• Main Author: Mix-Ross, Derek
• Other Authors: Benson, Peter
• Language: en_ca
• Published: 2009
• Subjects: Law; Canadian Charter of Rights and Freedoms; Freedom of Expression; Academic freedom; Constitutional values; Human Rights; Student expression; Access to Property; Common callings; Constitutional values in private law; 0398
• Online Access: http://hdl.handle.net/1807/18924

Universities have traditionally stood as bastions of academic freedom and forums for open discourse and free expression. In recent years, however, this role has been questioned in instances where university administrators have, either directly or complicity, denied students the opportunity to express certain viewpoints they deem “controversial”. This research paper explores whether a university, or its delegates, should be allowed to deny students access to campus facilities and resources solely on the basis of ideological viewpoint. The relevance of the Canadian Charter of Rights and Freedoms, statutory human rights provisions, and common law doctrines to the student-university relationship are explored in turn. It is argued that, notwithstanding the fact that universities may be “private” actors to whom the Charter does not directly apply, they are institutions invested with a public interest, and as such ought to be subject to special duties of non-discrimination.