JCCF.ca Justice Centre for Constitutional Freedoms Measuring the State of 2014 Free Speech at Campus 52 Canadian Universities Freedom Index Michael Kennedy John Carpay — 1 — Contents The State of Campus Free Speech (By University) Acadia University, Wolfville, NS 22 About the Justice Centre for Constitutional Freedoms 2 Bishop’s University, Lennoxville, QC 25 Advisory Council 2 Brandon University, Brandon, MB 27 Staff 2 Brock University, St. Catherines, ON 31 Cape Breton University, Sydney, NS 36 Acknowledgements 3 Carleton University, Ottawa, ON 38 The 2014 Campus Freedom Index 4 Dalhousie University, Halifax, NS 43 Kwantlen Polytechnic University, Surrey, BC 47 The 2014 Campus Freedom Index Executive Summary 5 Lakehead University, Thunder Bay, ON 51 Introduction 5 Laurentian University, Sudbury, ON 54 Positive developments during the 2013-14 school year. 5 McGill University, Montreal, QC 57 McMaster University, Hamilton, ON 62 Negative developments during the 2013-14 school year 7 Memorial University, St. John’s, NL 66 The State of Free Speech at Canada’s Universities 8 Mount Allison University, Sackville, NB 69 University Policies 8 Mount Royal University, Calgary, AB 71 Mount Saint Vincent University, Halifax, NS 76 University Practices 9 Nipissing University, North Bay, ON 78 The State of Free Speech at Canada’s Student Unions 11 OCAD University, Toronto, ON 81 Student Union Policies 11 Queen’s University, Kingston, ON 87 Ryerson University, Toronto, ON 92 Student Union Practices 13 Saint Mary’s University, Halifax, NS 97 Methodology and Grading Criteria 15 Simon Fraser University, Burnaby, BC 100 The legal obligation of universities to defend free expression 18 St. Francis Xavier University, Antigonish, NS 102 St. Thomas University, Fredericton, NB 105 “Speech Codes” at Canadian universities 18 l’Université Laval, Quebec City, QC 110 Codes of Conduct 19 Université de Montréal, QC 112 “Safe Space” 19 Université du Quebec à Montreal, QC 114 University of Alberta, Edmonton, AB 115 Policies prohibiting discrimination and harassment 19 University of British Columbia, Vancouver, BC 118 Booking policies for events and displays 20 University of Calgary, AB 124 Security fee policies 20 University of Guelph, ON 128 University of King’s College, Halifax, NS 133 Anti-disruption policies 20 University of Lethbridge, AB 136 Campus club certification – a requirement for existing on campus 21 University of Manitoba, Winnipeg, MB 138 Mandatory “inclusiveness” imposed on campus clubs 21 University of New Brunswick, Fredericton, NB 142 University of Northern British Columbia, Prince George, BC 144 Student elections policies 21 University of Ottawa, ON 146 The State of Campus Free Speech in 2014 22 University of Prince Edward Island, Charlottetown, PE 151 University of Regina, Saskatchewan 155 University of Saskatchewan, Saskatoon 157 University of the Fraser Valley, Abbotsford, BC 159 University of Toronto, ON 162 University of Victoria, BC 168 University of Waterloo, ON 174 © Justice Centre for Constitutional Freedoms. All Rights Reserved University of Windsor, Ontario 176 University of Winnipeg, Manitoba 180 #253, 7620 Elbow Drive SW • Calgary, AB • T2V 1K2 Vancouver Island University, Nanaimo, BC 182 Phone: (403) 475-3622 Western University, London, ON 185 Wilfrid Laurier University, Waterloo, ON 189 York University, Toronto, ON 192 JCCF.ca — 1 — About the authors About the Justice Centre for Constitutional Freedoms John Carpay is President of the Justice Centre for Constitutional Freedoms. He earned his B.A. in Political Science at Laval University, and his LL.B. from the University of Calgary. John has defended con- “Never doubt that a small group of thoughtful, committed people stitutional rights and freedoms in the Alberta Court of Queen’s Bench can change the world. Indeed, it is the only thing that ever has.” (Boissoin v. Lund), Saskatchewan Court of Appeal (Whatcott v. Sas- katchewan Human Rights Commission), Federal Court of Appeal (Ben- oit v. Canada), and Supreme Court of Canada (R. v. Kapp). John rep- The free and democratic society which the Canadian Charter of Rights and Freedoms holds out as our resented seven students against the University of Calgary in the Alberta ideal can only be fulfilled by honouring and preserving Canada’s traditions of freedom of speech, freedom of Court of Queen’s Bench (Wilson v. University of Calgary) where the religion, freedom of association, private property rights, constitutionally limited government, the equality of all Judge ruled, in April 2014, that the University had acted unreasonably citizens before the law, and the rule of law. in charging the students with non-academic misconduct for having set up their graphic display. In 2010, Preston Manning presented John Car- And yet these core principles of freedom and equality continue to be eroded by governments and by pay with the Pyramid Award for Ideas and Public Policy, in recognition government-funded and government-created entities such as universities and human rights commissions. of John’s work in constitutional advocacy and in building a non-profit The Justice Centre for Constitutional Freedoms (JCCF) was founded for the purpose of advancing and legal foundation. John has also served as the Alberta Director of the promoting the core principles of freedom and equality through education and litigation. The JCCF is a regis- Canadian Taxpayers Federation (2001-2005), advocating for lower tax- tered charity (charitable registration number 817174865-RR0001) and issues official tax receipts to donors for es, less waste, and accountable government. John, his wife Barbra, and donations of $50 or more. The JCCF is funded entirely by the voluntary donations of freedom-minded Canadi- their four children reside in Calgary. ans who agree with the Centre’s goals, mission, vision and activities. The centre is independent and non-parti- san, and receives no funding from any government or government organization. Michael Kennedy is the co-author of the annual Campus Free- dom Index, and manages communications and development efforts for The JCCF provides pro bono legal representation to Canadians whose constitutional freedoms are threat- JCCF. Michael studied political science and economics at Dalhou- ened by government or its agents. sie University, and graduated with a BA in 2011. During this time, he served as Executive Director of the Dalhousie Liberty Society, a campus group dedicated to educating students about the philosophy of political Advisory Council and economic freedom. He is a Millennium Excellence Award laureate and has served in leadership roles for a variety of civic and commu- JCCF’s Advisory Council members are: nity groups. After graduating university, Michael participated in the Dr. Barry Cooper, Department of Political Science, University of Calgary Koch Associate Program, a one-year non-profit management program Bruce Hallsor, Managing Partner, Crease Harman LLP, Victoria, B.C. designed to teach Market-Based Management® and its application to non-profits through the study of free societies. Brad Miller, Faculty of Law, University of Western Ontario, London Dr. Dwight Newman, Professor of Law, University of Saskatchewan Acknowledgements Benjamin Perrin, Professor of Law, University of British Columbia The JCCF acknowledges with gratitude the generous financial support of donors across Canada, whose Tom Ross, McLennan Ross LLP, Calgary contributions make it possible for JCCF to carry out its mission of defending constitutional freedoms through Dr. Clive Seligman, University of Western Ontario Department of Psychology education and litigation. In particular, the JCCF acknowledges the generous support of the Lotte and John Hecht Memorial Foundation for the annual Campus Freedom Index. Michael Taube, journalist and public policy commentator, Toronto The JCCF is also deeply indebted to university students and professors across Canada, who have provided Staff valuable information to the JCCF about the policies and practices of their universities and student unions. Infor- mation received from those who attend and work at Canada’s universities add a depth and richness to this annual Calgary lawyer and JCCF President John Carpay received the 2010 Pyramid Award in Ideas and Public report which the authors, without this assistance, would not be able to provide. Policy from the Manning Centre for Building Democracy, in recognition of his work in constitutional advoca- Last but not least, the JCCF acknowledges the assistance of Marty Moore, Student-at-Law, for his editing cy. JCCF’s Communications and Development Coordinator Michael Kennedy earned his BA from Dalhousie services; Peter Gorski for the design and layout of the Campus Freedom Index; and University of Alberta law University. Research Assistant Marty Moore earned his J.D. at Oak Brook College of Law in Fresno, California, student Cameron Wilson for his research on the quantum of funding provided to public universities by Canada’s and will join the JCCF as an articling student in September 2014. federal and provincial governments. — 2 — — 3 — Universities Student Unions 2014 Campus Freedom Index Government Funding Policies Practices Policies Practices The 2014 Campus Freedom Index Executive Summary (millions) (% of budget) 2013 2014 2013 2014 2013 2014 2013 2014 Acadia University $29.4 38.0% B B B C C C C A Introduction Bishop’s University $22.2 48.7% C C C C C D C C Brandon University $35.4 72.3% C C D C D F F B The 2014 Campus Freedom Index is the fourth annual report released by the Justice Centre for Constitu- Brock University $91.4 39.1% B C C C C C D B tional Freedoms (JCCF) to measure the state of free speech at Canada’s universities. Cape Breton University $30.8 71.8% C D F F D D C C Carleton University $149.1 42.0% D D F C C B A B Starting with a survey of only 18 universities in 2011, this year’s edition has grown to include 52 publicly Concordia University $235.6 64.5% C C D D C C C D funded Canadian universities. The 2014 Campus Freedom Index includes an individual report about each univer- Dalhousie University $179.6 59.9% C C F F D F C D sity that is surveyed.