National Post

A grim year for free speech on Canada’s campuses.

- Michael Kennedy John carpay and National Post Michael Kennedy and John Carpay are co-authors of the Justice Centre for Constituti­onal Freedom’s 2018 Campus Freedom Index, available at CampusFree­domIndex.ca.

The eighth annual Campus Freedom Index is out. Measuring the state of free speech at Canadian public universiti­es, the Index grades universiti­es and their student unions, A through F, on the degree to which their policies and practices uphold free expression on campus.

Sadly, the 2018 Campus Freedom Index shows no improvemen­t over 2017. Seven universiti­es joined the “Flunk List” in 2018. Wilfrid Laurier University, Acadia University, Dalhousie University, Saint Paul University, University of Guelph, University of Waterloo and University of Victoria earned new “F” grades in 2018 for failing to uphold campus free speech.

However, we take encouragem­ent from the Ontario government’s decision to enforce requiremen­ts upon public universiti­es: that they uphold free expression on campus or receive less money from taxpayers. This new policy interferes with the universiti­es’ autonomy to censor speech, and so it should.

But just how well will Ontario universiti­es under Ford’s new rules fare in the 2019 Campus Freedom Index? Below, we grade the policies of the hypothetic­al “Doug Ford U,” a university operating under the government’s new rules.

To earn a grade of A for its policies, a university must have a clear and unequivoca­l commitment to free speech on campus, set out in the university’s mission statement or other formal document. While almost all Canadian universiti­es already have a statement of some kind, Ford’s policy requires including the Chicago Principles, which have been hailed as the gold standard. For example: “the University is committed to the principle that it may not restrict debate or deliberati­on because the ideas put forth are thought to be offensive, unwise, immoral, or wrongheade­d. It is for the members of the University community to make those judgments for themselves … (and) act in conformity with this principle.”

The second requiremen­t for earning an A grade is the absence of overt or implied speech codes. Many Canadian universiti­es prohibit the expression of ideas because some might find them “offensive” or “triggering.” Mandating “safe space” and a “respectful” atmosphere that upholds the “dignity” of each member of the University community are other examples of repressive measures that chill frank and honest debate. At Ford U, the Chicago Principles would make it clear that speech which is triggering, disrespect­ful, or undignifie­d should be challenged with counter-speech, not silenced by university officials.

The third grading criterion pertains to enforcing a clear anti-disruption policy. For too long, Canadian universiti­es have condoned mobs of noisy protesters who chant, scream, bang drums, blast music, pull fire alarms, or physically obstruct university-sanctioned events. Ford U’s Chicago Principles make clear that “(a)lthough faculty, students and staff are free to criticize, contest and condemn the views expressed on campus, they may not obstruct, disrupt, or otherwise interfere with the freedom of others to express views they reject or even loathe.”

Regarding the fourth grading criterion, many Canadian universiti­es fund offices which seek to promote “diversity,” “inclusion” and “equity,” typically without clarifying what these vague concepts mean, or whether they can be used to stifle the expression of controvers­ial and offensive ideas. While the university, as an employer, must comply with human rights legislatio­n, the Campus Freedom Index includes instances where “social justice warriors” use these ill-defined concepts to censor anyone who questions progressiv­e orthodoxy, anywhere on campus.

To date, the Ford government’s new policies are mum on how universiti­es should

THIS NEW POLICY INTERFERES WITH THE UNIVERSITI­ES’ AUTONOMY TO CENSOR SPEECH, AND SO IT SHOULD.

weigh the value of free expression against competing values like preventing “discrimina­tion.” The Ontario Human Rights Commission prohibits “discrimina­tion” based on gender identity and gender expression; one may be guilty of “discrimina­tion” by refusing to utter alternativ­e pronouns. Lack of clarity about what “discrimina­tion” means, and whether this term can be abused to stifle speech, means Ford U does not pass this final criterion

With three out of four grading criteria satisfied, the Campus Freedom Index would give a B to Ford U. With less than one third of Canadian universiti­es earning a B or better in 2018, we foresee that, if Ford’s new rules are implemente­d properly, Ontario universiti­es will be leading the country.

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