Un-Chartered Waters: Ontario’s Campus Speech Directive and the Intersections of Academic Freedom, Expressive Freedom, and Institutional Autonomy

Abstract

In August 2018, the Ford Government in Ontario introduced a ‘Directive’ entitled “Upholding Free Speech on Ontario’s University and College Campuses” (the Directive).¹ The Directive required all publicly supported universities and colleges² in Ontario to create a free speech policy by January 1st 2019 that applies to “faculty, students, staff, management and guests,” and includes a) a definition of free speech, and b) reference to various “principles” of free speech similar to those elucidated by the University of Chicago (Chicago Principles).³ According to the Directive, speech that is otherwise illegal is not permitted. Illegal speech includes hate speech and uttering threats that are proscribed by Canada’s Criminal Code,⁴ defamatory speech which can give rise to both criminal⁵ and civil⁶ actions, as well as workplace harassment.⁷

* Dr. Alison Braley-Rattai is Assistant Professor of Labour Studies at Brock University. Dr. Kate Bezanson is Associate Professor of Sociology and Associate Dean of the Faculty of Social Sciences at Brock University.

¹ Ministry of Training, Colleges, and Universities, “Upholding Free Speech on Ontario’s University and College Campuses” (30 August 2018) online: Government of Ontario Newsroom <https://news.ontario.ca/ opo/en/2018/08/ontario-protects-free-speech-on-campuses.html> [perma.cc/7VXR-K4RB] [Directive].
² This piece is only concerned about the university sector. There are noteworthy differences between colleges and universities with regard to topics discussed in this piece that are unexplored here.
³ The Committee on Freedom of Expression, “Report of the Committee on Freedom of Expression” (2014) online (pdf): University of Chicago <provost.uchicago.edu/sites/default/files/documents/reports/FOECommitteeReport.pdf> [perma.cc/LAA4-RW43].
⁴ Criminal Code, RSC 1985, c C-46, s 319(1).
⁵ Ibid, ss 297-304.
⁶ Libel and Slander Act, RSO 1990, c L.12.
⁷ Occupational Health and Safety Act, RSO 1990, c O.1; Human Rights Code, RSO 1990, c H.19.