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Canadian Constitution Foundation

Free Speech on Campus

The University of Calgary has charged several of its students with “trespassing” on their own campus, because these students defied the University’s censorship demands.

Members of the U of C Campus Pro-Life students club has always faced negative reactions to their controversial anti-abortion display. The display, which features graphic images of aborted foetuses juxtaposed with pictures of the Rwandan genocide and the Holocaust, is called the “Genocide Awareness Project".

Reaction to the display, which has been set-up twice per year (once per semester) since 2006, has been expectedly mixed. The University itself, however, has always taken a very non-committal approach to the display, distancing itself from the message being expressed, but recognizing it as being protected under the Section 2 freedom of expression guarantee in the Canadian Charter of Rights and Freedoms.

Students defy censorship and excercise their free speech rights at the University of Calgary

This all changed in October of 2008. Citing "security and safety concerns", U of C administration suddenly changed its position and sent a letter (through their lawyer) to Campus Pro-Life demanding the students turn their signs inwards such that passersby could not see the images. In addition to threats of arrest and fines, the University’s letter also threatened the students with suspension and even expulsion for “non-academic misconduct.”

Campus Pro-Life students saw this letter as a form of censorship directed exclusively towards their display. In November of 2008, they set up their display once again, as they had always done, with the signs facing outwards.

The University did not immediately respond. Under the watchful eye of several news cameras drawn to the event, the University chose not to charge the students with trespassing, and instead only took down their names, student ID numbers and addresses. This appeared to be a victory for free speech on the campus of the University of Calgary. Free expression was once again thriving and the marketplace of ideas seemed to be returning to “business as usual.” Unfortunately, this turned out to be the calm before the storm.

In January of 2009, several of the Campus Pro-Life students had Calgary Police officers arrive at their houses to deliver summons for trespassing. The University had made good on its threats; it had charged its own tuition paying students with trespassing for peacefully expressing their opinions and beliefs on campus. To make matters worse, the U of C Students Union, likely taking cues from the administration itself, held a hearing in February where they decertified the Campus Pro-Life club. The U of C Students' Union has so far been unable or unwilling to describe which SU or U of C policy Campus Pro-Life breeched to warrant decertification.

Two days before the trial was scheduled, the Crown Prosecutor decided to stay the charges against these university students. This amounts to a great victory for these students, and for the free speech rights of all Canadians.

The appeal of the U of C students union decision to decertify CPL is still underway.

The Canadian Constitution Foundation takes no position on abortion, but we do support freedom of speech for all Canadians, especially students on a taxpayer funded university campus. No student should have to fear prosecution or a Court trial for peacefully expressing opinions on campus.

If you wish to make a contribution in defence of free speech on campus, and for all Canadians Click Here