Canada, Canadian Charter of Rights and Freedoms, Alberta, British Columbia, universities, Ontario
There have been a number of recent cases from across Canada about whether the Charter applies to public universities. Courts in Alberta have suggested that the Charter will apply to public universities while courts in British Columbia and Ontario have refused to apply the Charter to such cases. In this article I focus on the cases that also involve a claim to use university space, that is, those cases where there is an argument that by failing to allow an event on campus the university has violated the free expression guarantee in the Charter. If the Charter does apply and I argue that it does, this matters for how we conceive of university property It is too simplistic to hold that university property is private and, as such, section 2(b) should grant a right of access to some instances of university property under certain circumstances.
Sarah E. Hamill, "Of Malls and Campuses: The Regulation of University Campuses and Section 2(b) of the Charter" (2017) 40:1 Dal LJ 157.