NSCL  PROTEST ENCAMPMENTS ON UNIVERSITIES

Protest encampments on universities proliferated this year across Canada, the protestors demanding that universities divest from funds supporting Israel’s military operations in Gaza. Some protestors occupied university campuses. In Alberta, the University of Calgary called in the police to dismantle a student encampment in the University quad on May 9, 2024 less than 24 hours after it went up, and similar action followed at the University of Alberta.

Concerns were raised about the use of force by police in ejecting protestors at the behest of the Alberta universities. The universities have defended their actions on the basis that they had properly invoked their powers under trespass law and university policies. Other universities (University of Toronto) commenced legal proceedings under trespass law seeking court injunctions and restraining orders against protestors before seeking police assistance to eject “trespassers”.

Does the law of trespass support the actions taken by universities?

Isn’t free expression a core purpose of a university? The Canadian Charter of Rights and Freedoms protects fundamental freedoms of expression, peaceful assembly, and association. Does the Charter apply to universities and “override” trespass law and university policy?