CCLA Reacts to the Ontario Superior Court of Justice’s Decision Ordering the Dismantlement of the Encampment Located on the University of Toronto’s Grounds

TORONTO — Anaïs Bussières McNicoll, Director of Fundamental Freedoms at the Canadian Civil Liberties Association, made the following statement:

Despite finding that there was no evidence of violence at the student protest encampment located on the University of Toronto’s campus, the Ontario Superior Court of Justice ordered the dismantlement of this encampment. This part of the decision is disappointing. It is regrettable that the Court held that freedom of speech and protest rights do not allow protesters to camp, erect structures and protest on university campus overnight. This finding undermines an important aspect of the protest, which is its disruptive nature.

That being said, CCLA is pleased that the Court recognized the importance of Charter values on university campuses, including freedom of expression, freedom of peaceful assembly and freedom of association. The Court also gave some concrete meaning to these values by recognizing that protesters could continue to protest on the University of Toronto’s campus during the day.

CCLA intervened in this case as a friend of the Court, neither to endorse nor condemn the protest in issue, but to submit that Charter protection extends to those who engage in expression on the campus of a publicly funded and regulated university. As CCLA argued in its factum, higher learning depends on free thought and expression. The quasi-public nature of university campuses also makes them locations intended to foster the free exchange of ideas and debates on political, social, and educational issues. CCLA thus submitted that, when assessing whether the test for injunctive relief was met by the University, the Court should not only apply Charter rights and values, but should also give them great weight.

CCLA is thankful for the excellent pro bono representation of Tim Gleason, Sean Dewart and Amani Rauff from Dewart Gleason LLP in this matter.