Western's faculty president slams university's 'nonsensical' on-campus protest policy
Isha Bhargava | CBC News | Posted: September 5, 2024 12:50 PM | Last Updated: September 5
Legal experts say it's unclear if procedure is considered a violation of Charter of Rights and Freedoms
Western University's faculty association plans to push back against the London, Ont., school's new procedure for protests on its campus, adding its voice to those of other legal experts who question whether the rules violates free speech.
University administration did not consult with faculty members before quietly passing the policy on Aug. 29, said Johanna Weststar of the University of Western Ontario Faculty Association (UWOFA), adding that she found out about it through an email from the secretariat.
"We're very concerned about the scope of this procedure and any other violations that it may imply in terms of our rights on campus," said Weststar about the union that represents 1,600 members, including full-time and part-time faculty, librarians and archivists.
"UWOFA is reserving all its rights in this matter. We're very dismayed by the content of this policy and also the process by which it came about and we're going to take that up with the administration very vigorously."
CBC first reported about the new rules on Wednesday, which require groups to get authorization from Western's director of campus safety and emergency services at least five business days before a planned demonstration.
If approved, the director will provide "reasonable directions, including time, location and manner for the demonstration," the policy said. Protests can only happen from 12 p.m. to 6 p.m. Monday to Friday and individuals can't advertise protests until they're approved.
Applications can be denied if the proposed demonstrations may result in undue risk to an individual, the university, or violate the law. Decisions will be based on an assessment of the requested event and any potential risks outlined.
A Western spokesperson said in an email that the new procedure adds some clarity and consistency to ensure campus safety, and that it's an addition to an existing policy for use of university facilities for purposes other than academic use that's been in place since 2008.
"While safety is our primary motivation, this new procedure also helps to ensure that demonstrations do not infringe on the rights of others on our campus," wrote spokesperson Stephen Ledgley. He adds that the new rules have been in place "informally" for several years, something student groups dispute.
CBC News has requested interviews with Western but one has not yet been granted.
Weststar argues the procedure isn't about clarity and consistency to ensure safety, but is instead a violation of an academic institution's core principles of fostering debate and dialogue over difficult issues.
"This procedure also goes further than anything you could see was past practice. It's nonsensical and arbitrary in many ways," Weststar said. "If it really is about safety, why is it unsafe to have a demonstration in the morning?"
Can the procedure be challenged?
It's not entirely clear whether Western's new approach violates the Charter of Rights and Freedoms because the charter typically applies to government policy. In Ontario, universities are autonomous from government, said Richard Moon, a law professor at the University of Windsor.
However, in 2018 the province directed all universities to adopt freedom of expression policies. This means when universities regulate speech on campus, they could be engaging in government action that may be subject to the Charter, said Moon.
It's just outrageous. The very nature of a protest is to challenge existing rules. - James Turk, Director Centre for Free Expression at TMU
Western's 2018 freedom of expression policy states that all members of the university's community have the right to question, advocate for and comment on any issue, including the right to criticize the university and society at large.
It also says that while protests may generate controversy and disputes, the university's role is to provide an open and inclusive environment where debate, challenge and disagreement should be expected.
The new procedure undermines Western's policy which is "arguably one of the best of any university in Canada," said James Turk, director of the Centre for Free Expression at Toronto Metropolitan University.
"It's just outrageous, the very nature of a protest is to challenge existing rules. What Western has done in this case is it's gone way beyond their responsibility to make sure [daily] functioning can carry on," Turk said. "There's no justification for that excessive limitation."
Turk said Western can enforce its policy and issue sanctions, but a Charter challenge in the court may order the university to forgo the procedure.
However Moon said anyone trying to challenge the procedure would have to show that it restricts freedom of expression in some manner and the university would have to prove that there are reasonable grounds for the restriction. If the Charter isn't applicable, demonstrators may not have much recourse, he added.
Both Moon and Turk believe universities have a legitimate interest in managing what happens on their campuses but the new procedure is a restrictive and vague way to do so, they said.
"What's striking about this policy is the requirement that you have to apply [for permission]. One worries that the content of the protest and not just physical consequences will play a role as to whether or not permission will be granted," said Moon.
UWOFA president Weststar said this procedures sets a bad example for students and plans to address the matter when she meets with the university's president and provost.